Legal Opinion

Givens v. M'Calmont

Supreme Court of Pennsylvania

Decided September 15, 1835PublishedCited by 11 opinions

WRIT of error to Crawford county. This was an action of ejectment by Samuel Givens and Elizabeth his wife, against Alexander M’Calmont and John Nelson, for the one-seventh of a tract of land which had been vested in fee in Elizabeth, the wife of Samuel Ray.

Read the full summary

WRIT of error to Crawford county. This was an action of ejectment by Samuel Givens and Elizabeth his wife, against Alexander M’Calmont and John Nelson, for the one-seventh of a tract of land which had been vested in fee in Elizabeth, the wife of Samuel Ray. To January term 1803, a judgment was obtained by David Mead against Samuel Ray for 950 dollars; upon which a fieri facias issued to April term 1803, upon which personal property was levied, and which was returned, “no sale, by order of plaintiff.” On the 12th of March 1803, Ray and wife executed a mortgage to David Mead on the land in…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

—The defendant is admitted to be an innocent purchaser for a valuable consideration. Where a judgment is in full force as appears by the docket, and the plaintiff is proceeding to collect the amount, if the defendant alleges the debt, or part of it is paid, he should apply to have the execution stayed, and to be let in to have his payments allowed ; if he does not do this, a court would' hardly let in a defendant who stood by and saw his land sold, to prove, at the end of twenty years, that the debt had been paid before the sale. But suppose…

2Cited by11 opinions

  1. Integrity Trust Co. v. St. Rita B. & L. Assn.Superior Court of Pennsylvania · 1933
  2. Murdock v. FordIndiana Supreme Court · 1861
  3. Wilkinson v. WilkinsonWisconsin Supreme Court · 1884
  4. Dech's AppealSupreme Court of Pennsylvania · 1868
  5. Seaver v. DurantSupreme Court of Vermont · 1866

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API