Riland v. Eckert
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action of ejectment brought to June Term, 1846, in which George N. Eckert and S. Guilford were plaintiffs, and William Bil&nd and others were defendants. It was brought to recover 60 acres of land in Pinegrove township, which the plaintiffs claimed to be part of 440 acres and 31 perches, surveyed on a warrant to Conrad Lengle, dated 3d April, 1794, and patented on 6th April, 1795, to James Wilson.
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Error to the Common Pleas of Schuylkill county. This was an action of ejectment brought to June Term, 1846, in which George N. Eckert and S. Guilford were plaintiffs, and William Bil&nd and others were defendants. It was brought to recover 60 acres of land in Pinegrove township, which the plaintiffs claimed to be part of 440 acres and 31 perches, surveyed on a warrant to Conrad Lengle, dated 3d April, 1794, and patented on 6th April, 1795, to James Wilson. In the patent, the lands embraeed in the warrant and survey were described, and there was recited a deed from Conrad Lengle to James…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
The result of legislation and judicial decisions in Pennsylvania touching the liens of judgments and executions on real estate, seems to be that where the judgment is a lien, there can be no independent lien acquired by execution process thereon ; but where land is seized in execution by virtue of a judgment which is no lien, the execution becomes a lien on it. This is the ground on which Packer’s Appeal, 6 Barr 277, and Jamison’s Appeal, Ibid. 280, are reconciled in Davis v. Ehrman, 8 Harris 258. In Todd v. McCulloch, 3 Penna. Rep. 445, it…
2Cited by6 opinions
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- Specht v. SipeSuperior Court of Pennsylvania · 1900
- Buck v. E.W. McArthurSuperior Court of Pennsylvania · 1925
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