United States v. Nicholls
Supreme Court of Pennsylvania
Motion by Mr. M'Kean, attorney general, to take 14,503 dollars, arising from the sale of the defendant’s lands by the sheriff, out of court. ’ This motion was opposed by Mr. Dallas, who filed a claim in behalf of the United States, to the money, as attorney of the United States for the district of Pennsylvania, under the execution, and divers acts of congress, and particularly of the act of 3d March 1797. The facts were admitted to be as follow: The defendant, Nicholls,…
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Motion by Mr. M'Kean, attorney general, to take 14,503 dollars, arising from the sale of the defendant’s lands by the sheriff, out of court. ’ This motion was opposed by Mr. Dallas, who filed a claim in behalf of the United States, to the money, as attorney of the United States for the district of Pennsylvania, under the execution, and divers acts of congress, and particularly of the act of 3d March 1797. The facts were admitted to be as follow: The defendant, Nicholls, being indebted to the United States of America, on the 9th June 1798, executed a mortgage to Henry Miller, supervisor of the…
1Opinion of the CourtYeates, J.
I cannot bring myself to believe, notwithstanding the generality of words used in the 5th section of the act of congress of 3d March 1797, “the debts due to the United States, “shall be first satisfied,” that the provision therein contained was ever intended to extend to cases where an individual state was a creditor, and as such was clearly entitled under its municipal laws to a lien on the estate real or personal, of the insolvent *258debtor. No section or clause in any part of the act respects in the most distant manner the several states in their political and corporate capacities, as…
2Cited by5 opinions
- County of Spokane v. United StatesSupreme Court of the United States · 1929
- Miller, for the Use of the United States v. NichollsSupreme Court of the United States · 1819
- Decker v. Decker Building Material Co.New Jersey Court of Chancery · 1935
- Smith v. NicholsonSupreme Court of Pennsylvania · 1803
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