Ross & Company's Appeals
Supreme Court of Pennsylvania
Appeals from the Court of Common Pleas of Bradford county: Of January Term, 1884, Nos. 142 and 143. Appeals by W. L. Ross & Go. and J. Leman Elsbree, from a decree of said court confirming tbe report of an Auditor appointed to make distribution of a fund, derived from .the sheriff’s sale of certain real estate, under executions issued by the said appellants.
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Appeals from the Court of Common Pleas of Bradford county: Of January Term, 1884, Nos. 142 and 143. Appeals by W. L. Ross & Go. and J. Leman Elsbree, from a decree of said court confirming tbe report of an Auditor appointed to make distribution of a fund, derived from .the sheriff’s sale of certain real estate, under executions issued by the said appellants. Before the Auditor (D. A. Overton, Esq.), the following facts appeared: By the death of Isaac Morley on July 5, 1882, intestate, Reuben Morley, his son, inherited an undivided one-ninth share of his real estate. Ross & Co. and Elsbree had…
1Opinion of the CourtJustice Gordon
As long ago as the case of Colhoun v. Snider, 6 Bin., 135, it was held that a pre-existing judgment was not a lien on after acquired real estate, and the doctrine of this ease has been followed without doubt or hesitation from that time to this. Upon such property an independent lien may be created by an execution issued from such judgment; but in order to accomplish that result it must be accompanied by a levy: Stauffer v. The Commissioners, 1 Watts, 300; Packer’s Appeal, 6 Barr, 277. It is, therefore, clear that the Ross & Co. and Elsbree fi. fas., by virtue of their levies upon the land…
2Cases cited2 opinions
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Stauffer v. CommissionersSupreme Court of Pennsylvania · 1832
3Cited by6 opinions
- General Casmir Pulaski Building & Loan Ass'n v. Provident Trust Co.Supreme Court of Pennsylvania · 1940
- P.-P. T. Co. v. Polish N.C. Ch.Supreme Court of Pennsylvania · 1941
- Estate of DahlemSupreme Court of Pennsylvania · 1896
- Peoples-Pittsburgh Trust Co. v. Holy Family Polish National Catholic ChurchSupreme Court of Pennsylvania · 1941
- Philadelphia National Bank v. TaylorSupreme Court of Pennsylvania · 1966
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