Legal Opinion

Lombard v. Bayard

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided April 15, 1848PublishedCited by 5 opinions

The defendant’s real estate, situate in Lancaster county, Pennsylvania, having been sold on an execution from this court in fa-vour of Lombard, the plaintiff, a question arose between him and some other parties, junior incumbrancers, in the county court of Lancaster, where the lands are situate, as to who was entitled to take the money.

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The defendant’s real estate, situate in Lancaster county, Pennsylvania, having been sold on an execution from this court in fa-vour of Lombard, the plaintiff, a question arose between him and some other parties, junior incumbrancers, in the county court of Lancaster, where the lands are situate, as to who was entitled to take the money. Lombard contended that the judgment of this court was co-extensive, as an incum-brance. with the Eastern district of Pennsylvania; a position which, if true, would give the money to him, Lancaster county being within the district, and he the oldest…

1Opinion of the Court

GRIER, Circuit Justice.

In the conclusion to which the court comes as to the extent of the lien, we assume the following points, without attempting to fortify them by arguments or authorities:

1st. That the lien of judgments in the courts of the United States does not result from any direct legislation of congress on that subject.

2d. That under the judiciary act of 1789 [1 Stat. 73], which ordains (section 34) “that the laws of the several states shall be regarded as rules of decision at. common law in courts of the United States,” these courts have uniformly adopted the principles of state…

2Cases cited2 opinions

  1. Manhattan Co. v. EvertsonNew York Court of Chancery · 1837
  2. White v. HamiltonSupreme Court of Pennsylvania · 1792

3Cited by5 opinions

  1. Caulk v. AndersonTexas Supreme Court · 1931
  2. Stevens v. EllsworthSupreme Court of Iowa · 1895
  3. Gorman v. BaniganSupreme Court of Rhode Island · 1900
  4. Ward v. KohnCourt of Appeals for the Eighth Circuit · 1893
  5. Nelson v. AuchNorth Dakota Supreme Court · 1932

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