Neff v. Miller
Supreme Court of Pennsylvania
From the Common Pleas of Huntingdon county. This was an application by John and Jaeob Neff, to be subrogated to a judgment recovered by Gwin against Miller. The facts were these: In 1839, Gwin obtained a judgment against David Miller and Isaac Neff, the latter being a surety for Miller. In 1848, Isaac Neff’s land was sold by the sheriff. Jane Smith at that time held a judgment against'Isaac Neff — ’John and Jacob Neff — the two latter being sureties for Isaac.
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From the Common Pleas of Huntingdon county. This was an application by John and Jaeob Neff, to be subrogated to a judgment recovered by Gwin against Miller. The facts were these: In 1839, Gwin obtained a judgment against David Miller and Isaac Neff, the latter being a surety for Miller. In 1848, Isaac Neff’s land was sold by the sheriff. Jane Smith at that time held a judgment against'Isaac Neff — ’John and Jacob Neff — the two latter being sureties for Isaac. They resisted the claim of Gwin to the proceeds of Isaac Neff’s land, on the ground that he ivas but a surety, and there ivas land of…
1Opinion of the CourtBell, J.
(after stating the case as given above.) — Under this state of facts, the question is, whether the owners of Jane Smith’s judgment are entitled to be subrogated as they claim to be. This question is not affected by the fact that, they were defendants in the judgment, for it is part of the ease that they were merely sureties, to whom equity accords all the securities and means of payment within the power of the creditor.
It will be perceived that this is not the ordinary case of a lien creditor, with power of recourse to two funds belonging to his debtor, in satisfaction of his lien, and…
2Cases cited1 opinion
- Ebenhardt's AppealSupreme Court of Pennsylvania · 1845
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