Shaller v. Brand
Supreme Court of Pennsylvania
IN ERROR. THIS waá a writ of error to the Common Pleas of Dan-thin county. In that court it was an action of debt upon a bond given by Adam Shaller the intestate, to Christian Brand the tiff below, for 30/., dated in the year 1783, and payable on the lstihay 1793. The consideration of this bond and was n tract of land sold by Brand to Shaller, in June 1781, and conveyed in 1783. The suit was brought-to December 1798, and in December 1800, an agreement was filed for…
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IN ERROR. THIS waá a writ of error to the Common Pleas of Dan-thin county. In that court it was an action of debt upon a bond given by Adam Shaller the intestate, to Christian Brand the tiff below, for 30/., dated in the year 1783, and payable on the lstihay 1793. The consideration of this bond and was n tract of land sold by Brand to Shaller, in June 1781, and conveyed in 1783. The suit was brought-to December 1798, and in December 1800, an agreement was filed for “judgment, but no execu- “ tion to issue, until the title of the land for which' the bond “ was given, should be perfected by the…
1Opinion of the Court
Tilghman C. J.
delivered his opinion upon the several exceptions as follows:
- I. The defendant contends that'the plaintiff was not entitled to interest on the bond subsequent to the entry of the judgment, because the judgment was conditional, or in the nature of an interlocutory judgment, and in its nature showed an intention to suspend the interest, until the title was completed. But the judgment was neither conditional nor interlocutory. It was^absolute, and the condition or restraint was annexed-only to the execution. Whenever the title was perfected, the plaintiff had a right to take out…
2Cases cited4 opinions
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
- Jackson ex dem. Burhans v. BlanshanNew York Supreme Court · 1808
- Lessee of M'Intire v. WardSupreme Court of Pennsylvania · 1812
- Kirk v. DeanSupreme Court of Pennsylvania · 1810
3Cited by16 opinions
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Forrest v. ForrestThe Superior Court of New York City · 1856
- Love v. TaylorMississippi Supreme Court · 1853
- Russ v. WingateMississippi Supreme Court · 1855
- County of Beaver v. ArmstrongSupreme Court of Pennsylvania · 1863
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