Chadwick v. Moore
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. In April 1844, William Moore obtained a judgment against James Chadwick on a scire facias to have execution of premises mortgaged in July 1838, and sued out a levari facias to July term 1844, on which the sheriff sold for less than two-thirds of the appraised value.
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ERROR to the District Court of Allegheny county. In April 1844, William Moore obtained a judgment against James Chadwick on a scire facias to have execution of premises mortgaged in July 1838, and sued out a levari facias to July term 1844, on which the sheriff sold for less than two-thirds of the appraised value. The statute of 1842 directs that lands taken in execution shall be valued by an inquest, and that “ when the same cannot be sold at public vendue or outcry for two-thirds or more of such valuation or appraisement, the sheriff shall not make sale of the premises, but shall make…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
In this instance we are to take the law of the case from the Supreme Court of the United States, the constitutional expositor of federal legislation, whether ordinary or fundamental; and haply the reports of its decisions fui’nish us with principles which go far to rule the point in contest. We are to determine whether our Act of 1842, .which prohibits for a time sheriffs’ sales of property for less than two-thirds of the appraised value, impinges on the tenth section of the first article in the federal constitution, so far as it modifies…
2Cases cited1 opinion
- Green v. BiddleSupreme Court of the United States · 1823
3Cited by18 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Sayres v. CommonwealthSupreme Court of Pennsylvania · 1879
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. ScottSupreme Court of Pennsylvania · 1938
- Gault's AppealSupreme Court of Pennsylvania · 1859
- McCormick v. RuschSupreme Court of Iowa · 1863
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