Wood's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Schuylkill county. This was an appeal by Thomas Wood and Joseph Wood from the decree of the Court of Common Pleas of Schuylkill county, distributing the proceeds of a sheriff’s sale of the personal property of Richard Jones.
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Appeal from the Common Pleas of Schuylkill county. This was an appeal by Thomas Wood and Joseph Wood from the decree of the Court of Common Pleas of Schuylkill county, distributing the proceeds of a sheriff’s sale of the personal property of Richard Jones. On the 3d September 1847, Joseph Wood and Thomas Wood, the appellants, demised to Patrick Fogarty and John Tregay, for the term of ten years, the Westwood Colliery, in Schuylkill county, with the steam-engines, and other machinery, fixtures, and appurtenances. The lease contained a clause reserving the right of distress and of re-entry for.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
— The word lien is of the same origin as the word liable, and the right of lien expresses the liability of certain property for a certain legal duty, or a right to resort to it in order to enforce the duty.
We said this when considering the case of Sibley v. Colt, on the Appeal of Spangler, not reported;(a) and that decision illustrates *278the definition, and follows out the principle of Bantleon v. Smith, 2 Binn. 146, and applied it to cases of a judicial sale of a lease for years, where the landlord has reserved a right to re-enter for…
2Cases cited2 opinions
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Sands v. SmithSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- Anderson Contracting Co. v. DaughertySuperior Court of Pennsylvania · 1979
- Stark v. HightSuperior Court of Pennsylvania · 1897
- Firstrust Bank v. Wilkinson Roofing & SidingSuperior Court of Pennsylvania · 2022