Legal Opinion

Schaffer v. Cadwallader

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 3 opinions

Certificate from the Court of Nisi Prim. This was an amicable action of debt by William L. Schaffer against Cyrus Cadwallader, wherein the parties agreed upon a case stated, in the nature of a special verdict, in which the following facts were submitted for the opinion of the court.

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Certificate from the Court of Nisi Prim. This was an amicable action of debt by William L. Schaffer against Cyrus Cadwallader, wherein the parties agreed upon a case stated, in the nature of a special verdict, in which the following facts were submitted for the opinion of the court. On the 16th August 1797, Seth Johnson and wife conveyed to George Hunter, in fee, a square of ground on the south side of Wallace street, bounded by Nineteenth and Twentieth streets, and extending southward to Green street. Subsequently, the title to a large lot of ground on the north side of Wallace street,…

1Opinion of the Court

The opinion of the court wTas delivered by

Lowrie, C. J.

It is essential to the existence of a lien (as of all other legal rights), that it be recognised by law, by being enforced or protected as such. This is a very plain principle, and it refuses to a judgment against a municipal corporation the character of a lien on its land, because such a judgment cannot be executed against the land. If the apparent universality of the principle, upon which we found our judgment, be still subject to doubts, on account of the very general rule, that, in social affairs, scarcely any principle can be applied…

2Cited by3 opinions

  1. Pittsburg v. Sterrett Subdistrict SchoolSupreme Court of Pennsylvania · 1903
  2. Lyon ex rel. Conklin v. ClevelandSupreme Court of Pennsylvania · 1895
  3. Philadelphia v. School District, Pennsylvania Court of Common Pleas, Philadelphia County1940

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