Stanton v. White
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was a feigned issue between John Claude White and James H. Stanton, directed by the court below to determine whether there was not an agreement between the plaintiff and Rowland Metcalf and others, the assignors of the defendant, that the lien of a certain judgment originally entered in Luzerne county, and transferred to this court, should be restricted to a certain tract of land in Luzerne county, and that no other…
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Error to the Common Pleas of Schuylkill county. This was a feigned issue between John Claude White and James H. Stanton, directed by the court below to determine whether there was not an agreement between the plaintiff and Rowland Metcalf and others, the assignors of the defendant, that the lien of a certain judgment originally entered in Luzerne county, and transferred to this court, should be restricted to a certain tract of land in Luzerne county, and that no other property of the said plaintiff was ever to be made liable for the payment thereof. On the 9th April 1856, Rowland Metcalf, for…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J". —
It may possibly be, that the parties to the articles of agreement and to the judgment-bond, intended to confine the creditor to a resort to the land sold, as the only source from which to obtain payment of the debt. We can, however, gather the intention of the parties only from what they have said — from the words of the instruments. The agreement stipulated that White should execute “ a mortgage and judgment for the balance of the purchase-money, upon the property; such judgment to be a lien only upon the above described land, and no…
2Cases cited1 opinion
- Irwin v. ShoemakerSupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Shields v. HitchmanSupreme Court of Pennsylvania · 1916
- Abbott's EstateSupreme Court of Pennsylvania · 1901
- Carson v. FordSuperior Court of Pennsylvania · 1897
- Fritch v. Flickinger, Pennsylvania Court of Common Pleas, Berks County1921
- Mutual Pannonia Building & Loan Ass'n v. Lichtman, Pennsylvania Court of Common Pleas, Philadelphia County1928