Kyner v. Kyner
Supreme Court of Pennsylvania
ERROR to Cumberland county. Feigned Issue. James Laurie’s ‘E^oe-otoi-» <». ew Kj-nor, a Kyner and Philip Kyner, Executors of Conrad Kyner. This was a question of substitution which arose upon the following facts: In 1813 Laurie’s executors obtained a judgment against Conrad Kyner for the sum of 833 dollars, which was a lien on a tract of land, the interest of which was payable annually to Ann Laurie, dining her life, and the principal at her decease.
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ERROR to Cumberland county. Feigned Issue. James Laurie’s ‘E^oe-otoi-» <». ew Kj-nor, a Kyner and Philip Kyner, Executors of Conrad Kyner. This was a question of substitution which arose upon the following facts: In 1813 Laurie’s executors obtained a judgment against Conrad Kyner for the sum of 833 dollars, which was a lien on a tract of land, the interest of which was payable annually to Ann Laurie, dining her life, and the principal at her decease. Conrad Kyner conveyed the land upon which this judgment was a lien in 1816, by deed, with a covenant of general warranty, to Jacob Kyner. In…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
We are clearly of opinion, that the court below were right in deciding, that Jacob Kyner, for whose use the scire facias was sued out, was not entitled to be substituted either qualifiedly or absolutely in place of the executors of James Laurie, plaintiffs in the judgment against the executors of Conrad Kyner, And though we approve of the decision, yet I cannot say that we are fully prepared to sanction every thing that is laid down and advanced by the court in support of it. When the court say that “ the power of substitution arises out of…
2Cases cited2 opinions
- Dorr v. ShawNew York Court of Chancery · 1819
- Sterling v. BrightbillSupreme Court of Pennsylvania · 1836
3Cited by30 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Columbia Finance & Trust Co. v. Kentucky Union Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Mathews v. SwitzlerSupreme Court of Missouri · 1870
- Hoover v. EplerSupreme Court of Pennsylvania · 1866
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