Sands v. Smith
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bucks county. • This was an action of replevin by Charles Smith and Seneca Beans against Thomas Sands.
Read the full summary
ERROR to the Common Pleas of Bucks county. • This was an action of replevin by Charles Smith and Seneca Beans against Thomas Sands. The defendant, as constable, on the 17th of August 1837, distrained a field of corn and oats 'on the premises of the plaintiffs in Solebury township, Bucks county, on behalf of the Library Company of Philadelphia, in trust for the Loganian Library, for $177.77 arrears of rent-charge due them on the 1st of March 1837. The following case was stated for the opinion of the court below: Janies Logan, for himself, his heirs and assigns, by a certain lease by indenture,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
— I have never understood on what principle of lien the case of Bantleon v. Smith, (2 Binn. 151), was decided. It seems to have been taken for granted that every charge on land which is liquidated and due at the time of a judicial sale of it, is to come out of the proceeds as a matter of course—a principle far in advance of the one established by us in Willard v. Norris, (2 Rawle 56) which was so unpalatable to the profession that a statute was procured to overturn it. But though a wholesome one, in the main, it is not of universal…
2Cases cited2 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
3Cited by2 opinions
- McQuesney v. HiesterSupreme Court of Pennsylvania · 1859
- Wood's AppealSupreme Court of Pennsylvania · 1858