Fuellhart v. Thompson
Superior Court of Pennsylvania
Appeal, No. 113, April T., 1899, by James N. Craft, from decree of C. P. Warren Co., Sept. T., 1898, No. 4, awarding fund in court. Opinion by Rice, P. J. Exceptions to auditor’s report.
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Appeal, No. 113, April T., 1899, by James N. Craft, from decree of C. P. Warren Co., Sept. T., 1898, No. 4, awarding fund in court. Opinion by Rice, P. J. Exceptions to auditor’s report. Before Lindsey, P. J. It appears from the record that the fund in controversy realized under a sale of real estate,, was claimed by James N. Craft, as assignee, on a verdict entered October 9, 1891, upon which judgment had never been entered, and also by A. V. D. Water-son on a judgment entered in 1898. The auditor awarded the fund amounting to $613.80 to the Waterson judgment. Exceptions were filed to the…
1Opinion of the Court
Opinion by
Rice, P. J.,
In Cowden v. Brady, 8 S. & R. 505, decided more then seventy-five years ago, Chief Justice Gibson said that the whole policy of our state, both of the courts and the legislature, had been adverse to secret or stale liens. Speaking of the proposition that under the Act of March 20, 1799, 3 Sm. L. 358, the lien of a testatum fi. fa. was of indefinite duration he said: “ It would be an odd construction that should impute to the legislature a design to give an effect to an execution which they refuse to tolerate with respect to a judgment. It would be a strange inconsistency…
2Cited by2 opinions
- Goodwin v. Hartford Life Insurance CompanyDistrict Court, W.D. Pennsylvania · 1973
- Rosenheck v. StapeSupreme Court of Pennsylvania · 1938