Megargel v. Saul
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Allen Megargel and John Dewees, trustees of Joseph Lewis, an insolvent debtor, against Joseph Saul, Israel Lancaster and Ann G. Lewis, to recover possession of a certain tract of land, situate in the county of Philadelphia.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Allen Megargel and John Dewees, trustees of Joseph Lewis, an insolvent debtor, against Joseph Saul, Israel Lancaster and Ann G. Lewis, to recover possession of a certain tract of land, situate in the county of Philadelphia. On the trial in the court below, before Coxe, J., the plaintiffs gave in evidence the petition of Joseph Lewis for the benefit of the insolvent laws, and the proceedings thereon, with the assignment to them in February, 1827,…
1Per curiam
Ejectment can be maintained only on a title, legal or equitable, or, perhaps, in particular circumstances, to enforce a lien; and the court might have gone a great way towards the latter in Blade v. Galbraith, (4 Serg. & Rawle, 207,) had the existence of the lien been established. But it was distinctly asserted, and, we trust, unalterably established in Kauffelt v. Bower, (7 Serg. & Rawle, 64,) that there can be no lien in any case where the vendor has conveyed the legal title.* In the other cases, the title was the foundation *of the action which was brought, at least ostensibly, in…
2Cases cited2 opinions
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- Galbraith v. BlackSupreme Court of Pennsylvania · 1818
3Cited by3 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Heacock v. FlySupreme Court of Pennsylvania · 1850
- Adams v. BarrellSuperior Court of Pennsylvania · 1904