Jack v. Jones
Supreme Court of Pennsylvania
APPEAL. This was an appeal from a decree of the District Court for the City and County of Philadelphia, in the matter of the distribution of the proceeds of a sheriff’s sale of certain real estate, sold by virtue of an execution upon a judgment obtained by Charles J. Jack, Esq., to the use of Charles Wattes, against John C. Jones.
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APPEAL. This was an appeal from a decree of the District Court for the City and County of Philadelphia, in the matter of the distribution of the proceeds of a sheriff’s sale of certain real estate, sold by virtue of an execution upon a judgment obtained by Charles J. Jack, Esq., to the use of Charles Wattes, against John C. Jones. The fund in the Court below was two hundred and fifty-five dollars, and arose from the sale by the sheriff, under the above writ, of the following premises, to witAll the right, title and interest of John C. Jones, of and in a three-story brick store, No. 127 North…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The act of 1798, requiring judgments to be revived within five years, in order to preserve their lien, was decided in Fryhoffer v. Busby, (17 Serg. & Rawle, 121,) to apply to all judgments, notwithstanding the death of the defendant within the five years; and it was held, that in such case the lien of the judgment against the intestate is lost, as against subsequent judgment creditors, whose liens are in full force, if not duly revived against the admin*324istrator. In Fetterman v. Murphy, (4 Watts, 424,) it was contended, that even as against…
2Cases cited6 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
- Penn v. HamiltonSupreme Court of Pennsylvania · 1833
- Stiles v. BradfordSupreme Court of Pennsylvania · 1834
- Fryhoffer v. BusbySupreme Court of Pennsylvania · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Searight's EstateSupreme Court of Pennsylvania · 1894
- Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
- City of Philadelphia v. ScottSupreme Court of Pennsylvania · 1879
- Jones v. HartleySupreme Court of Pennsylvania · 1838