Bank of Pennsylvania ex rel. Echelman v. Winger
Supreme Court of Pennsylvania
This ease came before the court oh a writ of error to the Court of Common Pleas of Lancaster county, in which it was a Scire Facias upon a judgment issued by the plaintiffs in error, The Bank of Pennsylvania> for the use of Jacob Echelman and Benjamin Ver'nor, against Jacob Winger and, Peter Reidebaugh, with notice to Catherine and Elizabeth Stoolfoos, As it appeared from the record, the case was thus:—Jacob Echelman, on the 9th of Jlpril, 1822, obtained a judgment against…
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This ease came before the court oh a writ of error to the Court of Common Pleas of Lancaster county, in which it was a Scire Facias upon a judgment issued by the plaintiffs in error, The Bank of Pennsylvania> for the use of Jacob Echelman and Benjamin Ver'nor, against Jacob Winger and, Peter Reidebaugh, with notice to Catherine and Elizabeth Stoolfoos, As it appeared from the record, the case was thus:—Jacob Echelman, on the 9th of Jlpril, 1822, obtained a judgment against Peter Reidebaugh, one of the present defendants, for seven thousand eight hundred and fifty dollars. Upon this judgment…
1Opinion of the Court
The opinion of-the court was, delivered by
Gibson, C. J.
It was long a. .moot point whether ’ the sale of land on execution would discharge a prior lien; but I believe no one eyer suspected that it would discharge .the debt. Such a consequence could be produced only by treating the debt and its' lien as inseparable. The lien is, however, but a security which may be released either before or after a sale, and, as any other security, without affecting the.existence of the debt. By a sale, the purchase money is substituted for the land; and as it is withdrawn from the control of the debtor, and…
2Cases cited3 opinions
- Commonwealth ex rel. Bellas v. VandersliceSupreme Court of Pennsylvania · 1822
- Hunt v. BreadingSupreme Court of Pennsylvania · 1824
- Reed ex rel. Miller v. GarvinSupreme Court of Pennsylvania · 1824
3Cited by14 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
- McDevitt & Hays's & Kitchenman's AppealSupreme Court of Pennsylvania · 1872
- Mortland v. HimesSupreme Court of Pennsylvania · 1848
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