Legal Opinion

Kirkpatrick v. Black

Supreme Court of Pennsylvania

Decided September 15, 1840PublishedCited by 1 opinion

ERROR to the common pleas of Butler county. David Kirkpatrick and others, heirs at law of John Kirkpatrick,' deceased, against John Black. This ejectment was brought to recover the possession of 400 acres of land, situate in Mercer township.

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ERROR to the common pleas of Butler county. David Kirkpatrick and others, heirs at law of John Kirkpatrick,' deceased, against John Black. This ejectment was brought to recover the possession of 400 acres of land, situate in Mercer township. The plaintiffs claimed the land in dispute as the heirs of the late John Kirkpatrick, and gave in evidence articles of agreement between John Kirkpatrick and Richard Jarvis, dated March 20, 1797, by which Jarvis covenanted to make the improvements and settlement on the tract required by the act of April 3, 1792, and Kirkpatick covenanted to procure the…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

When not transcending the mandate of his writ, the sheriff may be considered in some degree as the creditor’s agent. Thus, payment to him on the foot of a fieri facias, discharges the debt, though the command is to get the money only by a sale of the debtor’s goods; and the creditor’s further recourse is to the sheriff. As to levy, time, place, and circumstances, the doing of execution is generally under the superintendence of the judgment creditor; and the sheriff acts, in these matters, so invariably by direction of the attorney, that in…

2Cited by1 opinion

  1. Pendleton v. RicheySupreme Court of Pennsylvania · 1858

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