Legal Opinion

West's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 2 opinions

APPEAL from the decree of the court of common pleas of Perry county, (a) appropriating the proceeds of the sale of the real estate,of William West. The estate of William West is in Perry county, one hundred and seventy-seven acres ot land, sold upon a judgment of A. Shortess v. William West, in the common pleas of Perry county. Sold in 1835 for 3,350 dollars.

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APPEAL from the decree of the court of common pleas of Perry county, (a) appropriating the proceeds of the sale of the real estate,of William West. The estate of William West is in Perry county, one hundred and seventy-seven acres ot land, sold upon a judgment of A. Shortess v. William West, in the common pleas of Perry county. Sold in 1835 for 3,350 dollars. The only question in the case is whether the judgment of Thorn-burg, Miller and Webster v. the executors of Edward West, deceased, and the judgment of Robert Miller v. the same defendants were liens upon the estate sold, and payable out…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The judgment of Thornbury et al. against the ex*89ecutors of West and of Miller, against the same, were, without doubt, liens upon all the real estate of Edward West in the county of Cumberland, and continued liens until the year 1820, when Perry was stricken off Cumberland, and erected into a separate county. In the act of 1820, there is no provision preserving the lien of judgments, binding lands in Perry county, nor prescribing the mode of collecting them. In this respect, the act is defective, and differs from other acts in similar cases,…

2Cited by2 opinions

  1. In re Apportionment of Indebtedness between Fremont & Big Horn CountiesWyoming Supreme Court · 1898
  2. King v. CarteeSupreme Court of Pennsylvania · 1845

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