Ramsey v. Fleming
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Cumberland county. The plaintiff in error was plaintiff below in an amicable action, to try the right to a sum of money raised by a sheriff’s sale of land, situate-in Perry county, on a testatum exe'cution fr;om Cumberland county. The question was as to priority of lien.
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Writ of error to the Court of Common Pleas of Cumberland county. The plaintiff in error was plaintiff below in an amicable action, to try the right to a sum of money raised by a sheriff’s sale of land, situate-in Perry county, on a testatum exe'cution fr;om Cumberland county. The question was as to priority of lien. The facts, which by agreement were stated, and to be considered as if found by special verdict, in substance were:— Perry county was erected out of Cumberland; the division to take effect on the 1st of September, 1820. After that day, viz. on the 4th of October, 1820, an action of…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
— I throw out of the case the fact of Ramsey having, eight months previous to his mortgage, subscribed as one of the witnesses to the confession of judgment b y Fritz in favour of Fleming. He certainly ought not to be held bound to inquire into, and remember the contents of a paper, which he was accidentally called upon to attest as a witness. By the way, I do not admit, that the most perfect knowledge of the judgment would have made it good against Ramsey, if void otherwise. As to priority of lien, we take it to' be clear, that the judgment in…
2Cited by6 opinions
- Owens v. DavisSupreme Court of Louisiana · 1860
- Lamb's AppealSupreme Court of Pennsylvania · 1879
- Reed & Foster's AppealSupreme Court of Pennsylvania · 1847
- Sinkett v. Wunder, Pennsylvania Court of Common Pleas, Philadelphia County1827
- Mayer Furniture Co. v. Putt, Pennsylvania Court of Common Pleas, Dauphin County1923
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