Dean v. Patton
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Huntingdon county, to which this writ of error issued, the plaintiffs in error, Dean, Marshall, and Hunter, who were also the plaintiffs below, brought this action of assumpsit as assignees of Benjamin Davidson, an insolvent debtor, against John Patton, who had been sheriff of Huntingdon county, to recover a sum of money, part of the proceeds of the sale of mortgaged premises, which he had applied to satisfy a judgment.
Read the full summary
IN ERROR. In the Court of Common Pleas of Huntingdon county, to which this writ of error issued, the plaintiffs in error, Dean, Marshall, and Hunter, who were also the plaintiffs below, brought this action of assumpsit as assignees of Benjamin Davidson, an insolvent debtor, against John Patton, who had been sheriff of Huntingdon county, to recover a sum of money, part of the proceeds of the sale of mortgaged premises, which he had applied to satisfy a judgment. The mortgage was not recorded for more than a year after its date, and in the mean time judgment was obtained against the mortgagor.…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, 3.
This case is stated with such commendable brevity and perspicuity, that it is only necessary to refer to the paper book, barely stating the dates of the several transactions.
Canan’s first judgment against Clarke was dated the 10th of August, 1798: his fieri facias on this judgment, returned levied on personal property, was to January, 1803. His second judgment the 21st of May, 1807 •. fieri facias to November term, 1807; returned levied on personal property. Davidson’s mortgage from Clarke was executed on the 31st of July, 1798, and recorded…
2Cases cited2 opinions
- Levy v. WallisSupreme Court of the United States · 1799
- The United States v. CoynghamSupreme Court of the United States · 1802
3Cited by1 opinion
- Appeal by BetzSupreme Court of Pennsylvania · 1830