Nailer v. Stanley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county, in an action of assumpsit brought by Matthew Stanley, plaintiff below, defendant in error, against Jacob Nailer and George Nailer executors of John Nailer, defendants below, plaintiffs in error, judgment having been rendered in favour of the plaintiff below. The declaration of the plaintiff below contained four counts.
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Error to the Court of Common Pleas of Chester county, in an action of assumpsit brought by Matthew Stanley, plaintiff below, defendant in error, against Jacob Nailer and George Nailer executors of John Nailer, defendants below, plaintiffs in error, judgment having been rendered in favour of the plaintiff below. The declaration of the plaintiff below contained four counts. The 1st stated that on the 1st April, 1815, Isaac W. Vanleer, was seised of certain lands and tenements therein described, situate in Chester county, and on the 22d April, following James Culbertson,-Samuel Lewis, and Thomas…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The doctrine of contribution, as respects the contribution to be made where there are several purchasers of several' tracts of land, the estate of one of whom has been sold on a judgment binding the lands of all, is untrodden ground, covered with difficulties. Where lands cannot be sold, but extended for payment of debts, scire facias, and audita querela, may afford ample .redress; but where the lands themselves may be sold as chattels, they are not calculated to meet the exigency.
The remedy by a personal action at common law, an action for…
2Cases cited1 opinion
- Clowes v. DickensonNew York Court of Chancery · 1821
3Cited by11 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Taylor's Executors v. MarisSupreme Court of Pennsylvania · 1835
- Donley v. HaysSupreme Court of Pennsylvania · 1828
- Hunt v. MansfieldSupreme Court of Connecticut · 1863
- Unangst v. KraemerSupreme Court of Pennsylvania · 1845
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