Legal Opinion

Carpenter v. Koons

Supreme Court of Pennsylvania

Decided May 17, 1852PublishedCited by 11 opinions

Error to the District Court, Philadelphia. This was an action of assumpsit for contribution, brought by C. S. Carpenter, executor of the -will of Powell Carpenter, deceased, v. Isaac Koons. In 1829, Isaac Koons, the defendant, and K. A. Parrish, were tenants in common of a large lot of ground on Willow and Fifth streets, Philadelphia.

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Error to the District Court, Philadelphia. This was an action of assumpsit for contribution, brought by C. S. Carpenter, executor of the -will of Powell Carpenter, deceased, v. Isaac Koons. In 1829, Isaac Koons, the defendant, and K. A. Parrish, were tenants in common of a large lot of ground on Willow and Fifth streets, Philadelphia. On the 27th ^February, 1829, they mortgaged the same to the contributors to the Pennsylvania Hospital, to secure $8000. On 30th June, 1830, they divided the ground and executed a release to each other; Koons releasing to Parrish lots No. 1 and 2, and Parrish…

1Opinion of the Court

The opinion of the Court was delivered, by

Black, C. J,

In Nailer v. Stanley, 10 Ser. & R. 450, it was decided that, where mortgaged land was sold in pieces and at different times, the several pieces were liable for the mortgage debt in the inverse order of their alienation. This was supposed to be overruled in the Presbyterian Corporation v. Wallace, 3 Rawle 109. But Cowden’s Appeal, 1 Barr 297, and several cases since, have settled it so firmly that all attempts to shake it must be vain.

We are now to determine whether the same rule applies when the sales of the several parcels of the…

2Cases cited2 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831

3Cited by11 opinions

  1. Cock v. Bailey, Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Greensburg Fuel Co. v. Irwin Natural Gas Co.Supreme Court of Pennsylvania · 1894
  3. Steele v. WalterSupreme Court of Pennsylvania · 1903
  4. Assigned Estate of GibbleSupreme Court of Pennsylvania · 1890
  5. Delaware County Trust Co. v. LukensSuperior Court of Pennsylvania · 1909

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