Black v. Dobson
Supreme Court of Pennsylvania
SCIRE FACIAS. On the 5th December, 1.818, judgment was entered in this court by the plaintiff against Thomas Dobson, the testator, then in full life, for the sum of seven thousand five hundered and sixty eight dollars, the penalty of a bond, dated December 1st, ISIS, conditioned for the payment of three thousand seven hundred and eighty four 'dollars, with interest thereon, on the 1st December, 1819. The warrant of attorney was filed in the office of the prothonotary, and…
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SCIRE FACIAS. On the 5th December, 1.818, judgment was entered in this court by the plaintiff against Thomas Dobson, the testator, then in full life, for the sum of seven thousand five hundered and sixty eight dollars, the penalty of a bond, dated December 1st, ISIS, conditioned for the payment of three thousand seven hundred and eighty four 'dollars, with interest thereon, on the 1st December, 1819. The warrant of attorney was filed in the office of the prothonotary, and contained the following proviso; Provided always, that execution shall not issue untu the expiration of the time mentioned…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
The only way in which the amendment prayed for could be permitted would be, by considering the lien as still existing, on the ground that the omission to enter fho s;ay of execution on the ducket, was a misprison of the clerk, in mere matter of form: in which case, the amendment, if grantable, would be useless. But *97clearly we cannot deprive subsequent judgment creditors or mortgagees, of any legal advantage which they may have obtained. It is settled, that a judgment creditor can avail himself of the expiration of the lien, whenever the land…
2Cited by8 opinions
- Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841
- Hemphill v. CarpenterSupreme Court of Pennsylvania · 1837
- Brown v. SimpsonSupreme Court of Pennsylvania · 1834
- Bombay v. BoyerSupreme Court of Pennsylvania · 1826
- Jones v. HartleySupreme Court of Pennsylvania · 1838
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