Leedom v. Plymouth Railroad
Supreme Court of Pennsylvania
THIS was an appeal by Joseph Leedom from the decree of the Court of Common Pleas of Montgomery county, on the distribution of moneys in the hands of Jonathan Jones, who on the 10th November 1841, had been appointed sequestrator to the Plymouth Railroad Company, on the petition of the appellant, Leedom.
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THIS was an appeal by Joseph Leedom from the decree of the Court of Common Pleas of Montgomery county, on the distribution of moneys in the hands of Jonathan Jones, who on the 10th November 1841, had been appointed sequestrator to the Plymouth Railroad Company, on the petition of the appellant, Leedom. The following case was stated by agreement in the court below, with the right to either party to appeal: On the 19th July 1841, Joseph Leedom recovered a judgment against the Plymouth Railroad Company for the sum of $1163.17 besides costs of suit. To August term 1841, No. 36, he issued an…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The plaintiff could claim a priority out of the tolls collected, only on the ground that his judgment gave him a lien upon them. To have this effect, he must make out that these tolls were such an interest in land existing in the corporation at the time when the judgment was rendered, as to be bound by it. The road itself could not be taken in execution; Ammant v. The New Alexandria and Pittsburgh Turnpike Road Co., (13 Serg. & Rawle 210); and for the.same reason is not bound by a judgment: much less is the right of taking tolls from…
2Cases cited1 opinion
- Ammant v. President of the New Alexandria & Pittsburg Turnpike RoadSupreme Court of Pennsylvania · 1825