Nicholas v. Phelps
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Wyoming county. Sherman D. Phelps, on the 19th January., 1841, entered a judgment in the Common Pleas of Luzerne county, against Lathrop, and Nicholas and Perrin Ross, for $95, to April term 1841, No. 252. Lathrop, on the 2d August, 1841, obtained a rule to show cause why the judgment should not be opened as to himself, and he admitted to a defence; which rule, on the 2d December, 1841, was made absolute; after which no proceedings whatever were…
Read the full summary
Error to tbe Common Pleas of Wyoming county. Sherman D. Phelps, on the 19th January., 1841, entered a judgment in the Common Pleas of Luzerne county, against Lathrop, and Nicholas and Perrin Ross, for $95, to April term 1841, No. 252. Lathrop, on the 2d August, 1841, obtained a rule to show cause why the judgment should not be opened as to himself, and he admitted to a defence; which rule, on the 2d December, 1841, was made absolute; after which no proceedings whatever were had on the judgment, until the 2d May, 1849, when- the plaintiff filed the following praecipe:— Sherman D. Phelps,…
1Opinion of the Court
The opinion of the court was delivered, by
Coulter, J.
The judgment was a lien on the land at the time of the death of Perrin Ross, to wit, the 24th May, 1844. It was entered on the 19th January, 1841, before alienation; and, notwithstanding, the subsequent sale to Osterhout and Jackson was a subsisting and valid lien on the premises on the 24th of May, 1844. Although the act of Assembly of 1884 speaks of the continuance of the lien of judgments on the land of defendant, at the time of his death, and extends it for five years from that period, it is nevertheless to be interpreted as relating to…
2Cited by3 opinions
- Woods v. PrimmCourt of Appeals for the Seventh Circuit · 1926
- Stevenson v. Black ex rel. GablerSupreme Court of Pennsylvania · 1885
- Commonwealth v. Dunmeyer Estate, Pennsylvania Court of Common Pleas, Somerset County1974