Fleming v. Beaver
Supreme Court of Pennsylvania
In the Court of Common Pleas of Franklin county, to which this writ of error was-directed, the following case was stated, for the opinion of. the court. The plaintiff in error was defendant below:— . In the year 1818, James Walker held two judgments, amounting to about'six hundred dollars; one entered to November Term, 1817, No. 113, arid the other to the same. term, No. 114, ¡against a certain George Fennell, who was the owner of a certain house and lot in Greencastle.
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In the Court of Common Pleas of Franklin county, to which this writ of error was-directed, the following case was stated, for the opinion of. the court. The plaintiff in error was defendant below:— . In the year 1818, James Walker held two judgments, amounting to about'six hundred dollars; one entered to November Term, 1817, No. 113, arid the other to the same. term, No. 114, ¡against a certain George Fennell, who was the owner of a certain house and lot in Greencastle. Fennell sold and conveyed the-house and lot to Henry Guiger, for a sum more than sufficient to discharge the encumbrances,…
1Opinion of the Court
'The opinion of the court (Tod, J. dissenting, and Huston, J. and Smith, J. being absent at the argument, and taking no part in the cause,) was delivered by
Gibson, C. J.
— The substance of this obscurely stated case is this: Pennell sold a- house and lot to Guiger, and together with Hawbucker and Hartman, (since dead, and represented by McCauley,) executed a bond, with condition, that the encumbrances should not be pressed faster than the purchase money should grow due, to discharge them. Walker, a judgment creditor, being about to proceed, MDauley paid him in cash rather more than half the…
2Cases cited1 opinion
- Kuhn v. NorthSupreme Court of Pennsylvania · 1823
3Cited by29 opinions
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- Hull v. MyersSupreme Court of Georgia · 1893
- Yard v. PattonSupreme Court of Pennsylvania · 1850
- Croft v. MooreSupreme Court of Pennsylvania · 1840
- Moore v. BraySupreme Court of Pennsylvania · 1849
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