Legal Opinion

Flicker's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1833PublishedCited by 3 opinions

APPEAL from the decree of the court of common pleas of Berks county, in the distribution of the moneys raised by the sale of the real estate of John Miller, a former sheriff of that county. John Miller having been duly elected sheriff, on the 20th of October 1817 entered into bond and executed a recognizance according to law.

Read the full summary

APPEAL from the decree of the court of common pleas of Berks county, in the distribution of the moneys raised by the sale of the real estate of John Miller, a former sheriff of that county. John Miller having been duly elected sheriff, on the 20th of October 1817 entered into bond and executed a recognizance according to law. To January term 1830, a writ of venditioni exponas issued against him, on which his real estate was sold,- and the money arising therefrom paid into court by the then sheriff: to wit, 1132 dollars, arising from real estate of which the said John Miller was seised and…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

When John Miller was elected sheriff of Berks county he was the owner of certain lands, all of which were bound by the recognizance then entered into by him by the provisions of the act of the 28th of March 1803. It has been decided that a judgment does not in this state bind after-purchased lands, unless levied on while in debtor’s hands; but that if he sells them to an innocent purchaser before levy, such purchaser holds them clear of the lien. Whether the principle of that decision would embrace this case is not material, because Heister…

2Cited by3 opinions

  1. In re Fulton's EstateSupreme Court of Pennsylvania · 1866
  2. Duffey v. HoutzSupreme Court of Pennsylvania · 1884
  3. Jay Vending, Inc.Superior Court of Pennsylvania · 1975

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API