Wethrill's Appeal
Supreme Court of Pennsylvania
Appeal of Isaac Wethrill from the decree of the Court of Common Pleas of Wayne Comity., distributing the proceeds of the sale of the real estate of Almeron Field and another. In 1845 and previously thereto, the title to the real estáte sold was in Almeron Field and Charles D. Cox as tenants in common, subject to a balance of about $700 purchase money due to the Delaware and Hudson Canal Company.
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Appeal of Isaac Wethrill from the decree of the Court of Common Pleas of Wayne Comity., distributing the proceeds of the sale of the real estate of Almeron Field and another. In 1845 and previously thereto, the title to the real estáte sold was in Almeron Field and Charles D. Cox as tenants in common, subject to a balance of about $700 purchase money due to the Delaware and Hudson Canal Company. On the 5th of May, 1845, Cox and wife, for the consideration of $4,000, conveyed his hálf interest to said Field. Field gave Cox two judgments to secure the payment of the purchase money, which after…
1Opinion of the Court
The opinion of the, court was delivered at Harrisburg,
by Strong, J.
Whatever may have been the rights of Almeron Field or his assigns against the holder of the Cox judgments, after they had been purchased by John Abel with David Abel’s money, it is clear that the judgments were not actually paid. They were regularly assigned to John Abel as living judgments, and the intention of the arrangement was to keep them alive.. Admitting that Field might have enforced the entry of satisfaction upon them had he retained his contract with David Abel, it is not so sure he could have done so against…
2Cases cited1 opinion
- Banner v. MayWashington Supreme Court · 1891
3Cited by6 opinions
- Boyer v. WebberSuperior Court of Pennsylvania · 1903
- Duke v. ClarkMississippi Supreme Court · 1880
- Jeffers v. Gill ex rel. LewisSupreme Court of Pennsylvania · 1879
- Appeal of the Mifflin County National BankSupreme Court of Pennsylvania · 1881
- Mellon's AppealSupreme Court of Pennsylvania · 1879
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