Wall v. Lloyd's Executors
Supreme Court of Pennsylvania
TESTATUM venditioni exponas to Delaware county. Isaac Smallwood obtained a judgment, and took out execution against the executofis of Isaac Lloyd, by virtue of which a levy was made on a grist mill and saw mill. The property was not condemned, but was delivered by the sheriff to the plaintiff, under the act of assembly of If05, to be held by him until out of the rents and profits, his debt and costs should be satisfied.
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TESTATUM venditioni exponas to Delaware county. Isaac Smallwood obtained a judgment, and took out execution against the executofis of Isaac Lloyd, by virtue of which a levy was made on a grist mill and saw mill. The property was not condemned, but was delivered by the sheriff to the plaintiff, under the act of assembly of If05, to be held by him until out of the rents and profits, his debt and costs should be satisfied. The annual value was estimated by the inquest at 1000 dollars. After the executors of Smallwood had been between one and two years in possession, the premises were again…
1Opinion of the Court
Tilghman.C. J.
briefly stated ilie facts, and then proceeded as follows : — The act of 1705, directs, that the lands shall be delivered to the plaintiff, “ until his debt be levied by a rea- “ sonable extent, in the same mannef and method as lairds “ are delivered upon writs of elegit in England.” It seems to have been the custom in England to extend lands at much less than their value; and although the courts of law are bound by the inquest, after the proceedings are returned and filed, yet it has been usual to grant relief in equity. An account will be ordered according to the actual…
2Cases cited1 opinion
- Petry v. BeauvarletSupreme Court of Pennsylvania · 1804
3Cited by3 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Hogatt v. BingamanMississippi Supreme Court · 1843
- M'Grew v. M'LanahanSupreme Court of Pennsylvania · 1829