Gearhart v. Jordan
Supreme Court of Pennsylvania
Ekkor to the Common Pleas of Columbia. This was a feigned issue, directed by the Court of Common Pleas of Columbia county. On the 10th May, 1838, Peter Baldy obtained a judgment against Thomas Clark, in the said court, for $509.37. At that time Clark was seised in fee of a house and lot in Danville, on which this judgment became a lien.
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Ekkor to the Common Pleas of Columbia. This was a feigned issue, directed by the Court of Common Pleas of Columbia county. On the 10th May, 1838, Peter Baldy obtained a judgment against Thomas Clark, in the said court, for $509.37. At that time Clark was seised in fee of a house and lot in Danville, on which this judgment became a lien. On the 22d September, 1838, Clark agreed to sell the house and lot to John Gearhart, the plaintiff in error, and George B. Brow-n, for $1,800, and on the 3d January, 1839, he and his wife executed a deed to them for the same. This judgment of Peter Baldy was…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
This case is identical in principle with Neff v. Miller, 8 Barr, 347. That determination, and the authorities upon which it is based, settle that subrogation is admissible wherever a joint creditor of two funds, belonging to different debtors, appropriates one of them in payment of his debts, in disappointment of another creditor of that fund; provided the untouched fund is that from which, in fairness and honesty, payment of the joint debt ought first to have been drawn. In the ordinary case of a creditor with right of recourse to two funds…
2Cases cited2 opinions
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Dorr v. ShawNew York Court of Chancery · 1819
3Cited by8 opinions
- McCahan's EstateSupreme Court of Pennsylvania · 1933
- Stofflett v. KressSupreme Court of Pennsylvania · 1941
- Com. Dept. of Public Welfare v. AndrewsSupreme Court of Pennsylvania · 1985
- Schwarz's EstateSupreme Court of Pennsylvania · 1927
- Chandler v. KyleSupreme Court of Alabama · 1912
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