Carneghan v. Brewster
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. Carneghan, being entitled by articles to a conveyance, sold his right to Johns, in consideration of the payment of the unpaid purchase money, and $2020, in four annual instalments to himself. On a judgment for the second instalment, Brewster entered security for stay, &c. On this judgment there was a credit for a surplus under a previous sale.
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Error to the Common Pleas of Erie county. Carneghan, being entitled by articles to a conveyance, sold his right to Johns, in consideration of the payment of the unpaid purchase money, and $2020, in four annual instalments to himself. On a judgment for the second instalment, Brewster entered security for stay, &c. On this judgment there was a credit for a surplus under a previous sale. A judgment was then obtained for the third instalment, on which Johns’ interest was sold, and the proceeds receipted for by the plaintiff’s attorney. .These facts appearing on a sci. fa., on the recognisance of…
1Opinion of the CourtBurnside, J.
— The lien of judgments, in. Pennsylvania, has been extended beyond the limits of the common law. A judgment is held to be a lien on every kind of equitable interest in land, and on every right vested in the debtor, at the time of the judgment. Carkhuff v. Anderson, 3 Binn. 5.
Bearing this in mind, let us inquire what were the leading facts of the case under consideration. [His honour here cited the facts of the case.]
The plaintiff’s counsel requested the court to charge the jury: That the plaintiff having received, and receipted the recovery, upon the last judgment, on which the sale took…
2Cases cited2 opinions
- Armstrong's AppealSupreme Court of Pennsylvania · 1843
- Donley v. HaysSupreme Court of Pennsylvania · 1828