Campbell v. Richardson
Pennsylvania Court of Common Pleas, Philadelphia County
THE Defendant had been bail for his brother, who suffering judgment to go against him, a Scire facias was issued against the defendant, and in due course judgment thereon—In the interim, between the recognizance of bail and judgment on the Scire facias, several judgments were obtained against the defendant by his proper creditors, executions issued, and his real estate was seized and fold.
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THE Defendant had been bail for his brother, who suffering judgment to go against him, a Scire facias was issued against the defendant, and in due course judgment thereon—In the interim, between the recognizance of bail and judgment on the Scire facias, several judgments were obtained against the defendant by his proper creditors, executions issued, and his real estate was seized and fold. But the proceeds not being sufficient to satisfy all the judgments, the Sheriff brought the money into Court, to be disposed of as the Court should direct. insisted, that recognizance of bail is a lien upon…
1Opinion of the Court
After consideration, the President delivered the opinion of the Court, on the 26th of August.
Shippen, President.
—This is a question concerning the binding nature of a recognizance of bail, as to the lands of the bail; and whether, in Pennsylvania, a prior recognizance creditor, or subsequent judgment creditors, shall have the preference.
From the cases cited, it appears, that, although lands in England are bound by recognizance, yet there is some uncertainty as to the time from which they are bound: whether from the caption, or from the inrollment of the recognizance; or from the judgment…
2Cited by3 opinions
- Kean v. FranklinSupreme Court of Pennsylvania · 1819
- Allen v. ReesorSupreme Court of Pennsylvania · 1827
- Dewit v. OsburnOhio Supreme Court · 1832