Hunt v. Breading
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the Court of Common Pleas of Fayette county, it appeared that this was an amicable action, in case, entered by the parties, to try their respective rights to a sum of money in court, arising from the sale of the real estate of George Caruthers. The plaintiffs in error were plaintiffs below. A case was stated for the opinion of the court, to be considered as a special verdict, either party having the right to sue out a writ of error.
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IN ERROR. On a writ of error to the Court of Common Pleas of Fayette county, it appeared that this was an amicable action, in case, entered by the parties, to try their respective rights to a sum of money in court, arising from the sale of the real estate of George Caruthers. The plaintiffs in error were plaintiffs below. A case was stated for the opinion of the court, to be considered as a special verdict, either party having the right to sue out a writ of error. In substance it was as follows: Henry Dales, on the 15th of July, 1817, obtained a judgment in the Court of Common Pleas of…
1Opinion of the CourtGibson, J.
When the agreement which gives rise to this controversy, was entered into, the interests of all parties who had liens, stood thus: Dales had obtained a judgment against Caruthers on the 17th of July, 1817. Bay less, and Thornton had obtained a judgment against Gregg and Caruthers on the 25th of February, 1820. Breading, the present defendant, had obtained a judgment against Caruthers, on the 8th of March, 1820: and E. and C. Hunt, the present plaintiffs, *had obtained two judgments against Gregg and Caruthers; the one on the 11th of Biarch, and the other on the 8th of Becember, 1820. ' These…
2Cited by8 opinions
- Wood v. VanarsdaleSupreme Court of Pennsylvania · 1832
- Bank of Pennsylvania ex rel. Echelman v. WingerSupreme Court of Pennsylvania · 1829
- Boas v. UpdegroveSupreme Court of Pennsylvania · 1847
- Simmons v. SimmonsSupreme Court of Pennsylvania · 1986
- Coleman v. Mansfield, Pennsylvania Court of Common Pleas, Philadelphia County1835
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