Love v. Jones
Supreme Court of Pennsylvania
APPEAL from the common pleas of Westmoreland county. The real estate of Henry Stouffer was sold by the sheriff upon an execution, and the proceeds were brought into court for appropriation; and the question arose whether the judgment of Hugh Love’s executors was entitled to priority of payment over otherjudgmentsentered before it, under the following circumstances.
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APPEAL from the common pleas of Westmoreland county. The real estate of Henry Stouffer was sold by the sheriff upon an execution, and the proceeds were brought into court for appropriation; and the question arose whether the judgment of Hugh Love’s executors was entitled to priority of payment over otherjudgmentsentered before it, under the following circumstances. On the 3d of May 1813 Hugh Love sold to Henry Stouffer a tract of land containing three hundred and twelve acres one hundred perches, for 20 dollars an acre, and agreed to convey clear of incumbrances on or before the 1st of…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—The question here is, who has the first lien in point of time on the money arising from the sale of the land? If Stouffer bad done every thing required on his part by the articles of agreement for the purchase of the land, to have entitled him to have demanded and to have received a deed of conveyance therefor, there might have been perhaps some ground for claiming that the liens of the judgment creditors ought to be preferred to that of the vendor, for the unpaid part of the purchase money of the land. He had paid, it is true, all that…
2Cited by26 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Rodgers v. BurchardTexas Supreme Court · 1871
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- Stewart v. SmithSupreme Court of Minnesota · 1886
- Mellon's AppealSupreme Court of Pennsylvania · 1858
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