Legal Opinion

Cummin's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 7 opinions

APPEAL from the decree of the Common Pleas of Mifflin county, appropriating the proceeds of the sale of the real estate of C. Swartz by the sheriff. The first lien upon the land sold was a transcript of the judgment of a Justice of the Peace. It appeared that after the transcript was filed an execution was issued by the justice, upon which the constable levied a store of goods of the defendant, but did not remove or sell them.

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APPEAL from the decree of the Common Pleas of Mifflin county, appropriating the proceeds of the sale of the real estate of C. Swartz by the sheriff. The first lien upon the land sold was a transcript of the judgment of a Justice of the Peace. It appeared that after the transcript was filed an execution was issued by the justice, upon which the constable levied a store of goods of the defendant, but did not remove or sell them. The subsequent lien creditor claimed the money on the ground that the execution issued by the justice, and levy upon it, was a satisfaction as to his judgment, and…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The only question presented in this case is, whether a seizure by a constable of goods, by virtue of an execution issued by a Justice of the Peace upon a judgment obtained before him, which had been made a lien upon the real estate of the defendant by filing and entering a transcript thereof in the court of Common Pleas, be such a satisfaction of the judgment as to discharge the lien of it on the real estate, where the goods were of sufficient value to satisfy the judgment, but the constable did not take possession of them by removing them,…

2Cited by7 opinions

  1. Campbell, Bredin & Co.'s AppealSupreme Court of Pennsylvania · 1858
  2. McDevitt & Hays's & Kitchenman's AppealSupreme Court of Pennsylvania · 1872
  3. Cathcart's AppealSupreme Court of Pennsylvania · 1850
  4. King v. BlackmoreSupreme Court of Pennsylvania · 1873
  5. Lustfield v. BallMichigan Supreme Court · 1894

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