Lea v. Hopkins
Supreme Court of Pennsylvania
April 12. Motion to take the money raised by a sheriff’s sale of the defendant’s real estate out of court. A judgment had been recovered in February, 1843. Subsequently real estate descended to the defendant. In 1847, the cause was certified to this court in error. A fi. fa. had previously issued; and under an al. ven. ex., issued February 8, the property was sold by the sheriff on the 6th of March. On the 19th February a sci. fa. to revive had issued.
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April 12. Motion to take the money raised by a sheriff’s sale of the defendant’s real estate out of court. A judgment had been recovered in February, 1843. Subsequently real estate descended to the defendant. In 1847, the cause was certified to this court in error. A fi. fa. had previously issued; and under an al. ven. ex., issued February 8, the property was sold by the sheriff on the 6th of March. On the 19th February a sci. fa. to revive had issued. The motion was resisted by a prior judgment-creditor of Hopkins. The questions argued by Meredith and Randall for the rule, and Scott and…
1Opinion of the CourtCoulter, J.
This cause was laid before the court at its last consultation, 9th June inst., and decided in favour of the defendant in error. The case presents imposing claims on behalf of the defendant in error, so far as the merits are disclosed on the record; and the plaintiff in error seeks to overturn the judgment mainly upon error in the pleadings. That the debt claimed belonged to the estate of Abraham Barker, is clear from the bond itself, for it is distinctly so declared in the premises of the instrument. The engagement, however, is to pay to those legally entitled to the division of the said…
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