Foster v. Foust
Supreme Court of Pennsylvania
In.Error. ERROR tp the Common Pleas of Crawford county. Foúst brought an action óf covenant against S. B. Foster .and A. W. Foster for the recovery of damages in consequence of the lien of. a third person, on two tracts of land sold by the Fosters to Foust.
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In.Error. ERROR tp the Common Pleas of Crawford county. Foúst brought an action óf covenant against S. B. Foster .and A. W. Foster for the recovery of damages in consequence of the lien of. a third person, on two tracts of land sold by the Fosters to Foust. Articles of agreement between the plaintiff and defendant were made for the sale of these lands on the 28th September, 1803. The purchase money was 4000 dollars : one-third whereof was to be paid in May, 1804; at which time the plaintiff was to receive a conveyance and possession. 70 Dollars were paid on' the day of the execution of the…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) It does not appear that the defendants received notice from the plaintiff of the proceedings on Power’s judgment; consequently they are at liberty to shew, in this action, that the plaintiff might have defended himself against that judgment. The defendants have made two points; 1. that Power’s judgment, being sub*13sequent to the articles of agreement for sale of the land to the plaintiff, was not a lien on that land. 2. That the plaintiff had a right-to apply the whole purchase money to the payment of the liens existing at the time of the articles, and…
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