Hutchinson's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Butler county: of October and November Term 1878, No. 91. Appeal of Esther Hutchinson from the decree of the court overruling her exceptions to the report of the auditor to distribute the fund arising from the sheriff’s sale of the real estate of W. A. Black. Rev. William A. Black and M. H. Black., his wife, on the 2Sd of August 1875, made their joint judgment-note to Esther Hutchinson for $717, due in one year.
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Appeal from the Court of Common Pleas of Butler county: of October and November Term 1878, No. 91. Appeal of Esther Hutchinson from the decree of the court overruling her exceptions to the report of the auditor to distribute the fund arising from the sheriff’s sale of the real estate of W. A. Black. Rev. William A. Black and M. H. Black., his wife, on the 2Sd of August 1875, made their joint judgment-note to Esther Hutchinson for $717, due in one year. On the same day judgment was entered on this note in Butler county, at October Term 1875, but by mistake the middle initial “ A ” was omitted…
1Opinion of the Court
The judgment of the Supreme Court was entered Nov. 28th 1879,
2Per curiam
This case is ruled by Wood v. Reynolds, 7 W. & S. 406. It was there held that the omission of the middle letter of a name in the judgment-index was fatal to the lien. “It is certain,” say the court, “that an initial, standing with a name of baptism, is no part of it in pleading; but it follows not that an omission of it is to be disregarded as an index of notice to purchasers.” There can beAistinction between purchasers and subsequent judgment-creditors. The latter must be presumed to have searched for prior liens before giving…
3Cases cited1 opinion
- Wood v. ReynoldsSupreme Court of Pennsylvania · 1844
4Cited by10 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Coral Gables, Inc. v. KerlSupreme Court of Pennsylvania · 1939
- Arch Street Building & Loan Assn. v. SookSuperior Court of Pennsylvania · 1931
- Butts v. CruttendenSuperior Court of Pennsylvania · 1900
- Turk v. BensonNorth Dakota Supreme Court · 1915
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