Legal Opinion

Lynch ex rel. Noble v. Dearth

Supreme Court of Pennsylvania

Decided September 15, 1830Published

IN ERROR. Writ of error to the Common Pleas of Fayette county. This was an amicable action to try the right to the proceeds of a sale by the sheriff, in which the plaintiff in error was the plaintiff below.

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IN ERROR. Writ of error to the Common Pleas of Fayette county. This was an amicable action to try the right to the proceeds of a sale by the sheriff, in which the plaintiff in error was the plaintiff below. The following, facts were agreed to by the parties, and considered in the nature of a special verdict: On the 26th day of September, 1815, John, Johnston sold to Thomas Rhoads a house and lot, and a vacant lot in the borough of Brownsville, for the consideration of sixteen hundred dollars, @800 of the purchase money, by the articles of agreement, were to be paid on or before the first of…

1Opinion of the Court

The opinion of the Court was delivered by

Smith, J.

The question, presented to this Court for their decision, in this case, is, whether the judgment of the 14th of December, 1819, in favour of Steven S. Stevens, to the use of James Noble, against Thomas Rhoads, for 700 dollars, ought to be paid, in preference to, or before the mortgage given by him to George Dearth, on the 10th of January, 1820. A majority of this Court, is of the opinion, that this case cannot be distinguished from the opinion of our courts, heretofore delivered on this subject. In Pennsylvania, it has been long settled, that…

2Cases cited7 opinions

  1. Stow v. TifftNew York Supreme Court · 1818
  2. Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
  3. Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
  4. Chickering v. LovejoyMassachusetts Supreme Judicial Court · 1816
  5. Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810

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