Beetim v. Buchanan
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. This was an action of debt on bond by George Beetim, Esq. for the use of the Bank of Ghambersbuvg and the Bank of the United States, against James Buchanan, Esq., in which the following special verdict was found : William Ramsey, Esq. was in his lifetime seised of several parcels of land and real estate.
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ERROR to the common pleas of Cumberland county. This was an action of debt on bond by George Beetim, Esq. for the use of the Bank of Ghambersbuvg and the Bank of the United States, against James Buchanan, Esq., in which the following special verdict was found : William Ramsey, Esq. was in his lifetime seised of several parcels of land and real estate. A judgment was obtained by the Bank of Chambersburg against said Ramsey in' his lifetime ; and another in favour of the Pennsylvania Agricultural'and Manufacturers’ Bank, for the use of the Bank of the United States against said Ramsey in his…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
—The extent of the defendant’s liability must be measured by the condition of the bond given to the sheriff to secure the payment of the purchase money at the return of the writ, or according to the decree of the court. The condition of the bond is in the alternative, and it cannot be denied that the defendant has literally complied with one of the conditions, by payment at the final decree. In Stewart v. Stocker, 13 Serg. & Rawle 205, it is said, that interest is never demandable unless money is unlawfully withheld. And if so, there is no…
2Cases cited1 opinion
- Welsh v. ElliottSupreme Court of Pennsylvania · 1825