Donley v. Hays
Supreme Court of Pennsylvania
In error. Writ of error to the Court of Common Pleas .of Lycoming county. . . ' In this amicable action fpr-money had and received, the following case was staled for the opinion of the court, to be considered in nature of a special verdict,' with leave to either ¡party to talie a writ'of error. ‘ “ It is admitted, that two thousand dollars are in the hands of the sheriff; Thomas Hays, the defendant, for distribution, arising from the sale of the real estate of James M'Affee,…
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In error. Writ of error to the Court of Common Pleas .of Lycoming county. . . ' In this amicable action fpr-money had and received, the following case was staled for the opinion of the court, to be considered in nature of a special verdict,' with leave to either ¡party to talie a writ'of error. ‘ “ It is admitted, that two thousand dollars are in the hands of the sheriff; Thomas Hays, the defendant, for distribution, arising from the sale of the real estate of James M'Affee, at the suit of Isaac Walton, for the use of Jeremiah and Moses-Brown. It is further agreed, that James M'-Affee, by…
1Opinion of the Court
The opinion of the court was delivered by
Top, J.
(After stating the'facts of the case.) — We have no direct precedent to guide us. The case itself could scarcely arise unless by an uncommon depreciation of land. Clearly, the money in the sheriff ’s hands must be considered as' if raised by sale of the land upon the mortgage itself: the mortgage being the first lien. It is remarkable that the seven bonds are not mentioned ih the mortgage, nor any thing said of instalments. The instrument recites a debt of five thousand and thirty-six dollars by a writing obligatory, payable on the 15th of…
2Cases cited2 opinions
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Nailer v. StanleySupreme Court of Pennsylvania · 1823
3Cited by13 opinions
- Dickey, Tansley & Co. v. Pocomoke City National BankCourt of Appeals of Maryland · 1899
- Keyes v. Wood, Grant & Co.Supreme Court of Vermont · 1849
- Borough of Harrisburg v. CrangleSupreme Court of Pennsylvania · 1842
- Dixon v. ClayvilleCourt of Appeals of Maryland · 1876
- Wooters v. HollingsworthTexas Supreme Court · 1883
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