Adams v. McKesson's
Supreme Court of Pennsylvania
Error, to the Court of Common Pleas of JFramMin county. A judgment was entered, .March 4th 1861, against William Adams, in favor of Louisa'McKesson, executrix, &c., of S. K. McKesson, deceased, on a single bill, dated January 21st 1861, for $1000, given to the decedent, on which $500 remained due July 17th 1862. On the application of Adams the court opened the judgment and let him into a defence.
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Error, to the Court of Common Pleas of JFramMin county. A judgment was entered, .March 4th 1861, against William Adams, in favor of Louisa'McKesson, executrix, &c., of S. K. McKesson, deceased, on a single bill, dated January 21st 1861, for $1000, given to the decedent, on which $500 remained due July 17th 1862. On the application of Adams the court opened the judgment and let him into a defence. Jacob and Catharine Reinhart were the owners of a tract of land encumbered by a number of judgments ; after a venditioni exponas had been issued on one of them, Mrs. Reinhart agreed verbally with…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
Bittinger v. Baker, 5 Casey 66 (overruling Sallade v. James, 6 Barr 144, and Groff v. Levan, 4 Harris 179), is supposed to govern this case and decide it in favor of the plaintiff in error. The doctrine of that case is, that a lessee of land encumbered by a judgment older than the lease, is entitled to the waygoing crop in preference to a purchaser at sheriff’s sale, under *83tbe judgment. The decision was based upon the provisions of the Act of Assembly of June 16th 1886, entitled “ An act relating to executions,” which, it was thought, make a…
2Cited by6 opinions
- McCormick v. Skiles & FreySupreme Court of Pennsylvania · 1894
- McClarigan v. MatlackSuperior Court of Pennsylvania · 1929
- O'Brien v. WebbDistrict Court, N.D. California · 1921
- De Jarnette v. Tennessee Gas Transmission Co.District Court, E.D. Kentucky · 1958
- Wanamaker v. BuchananSuperior Court of Pennsylvania · 1907
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