Allen v. Reesor
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the Court of Common Pleas of Dauphin county, it appeared that this was a case stated in that court in the nature of a special verdict, in which John Reesor, the defendant in error, was plaintiff below, and John Allen, the plaintiff in error, was defendant, to try which of the parties was entitled to a sum of money in court; arising frpm recent sales by the sheriff of the real estate of Christian Forney, situate in Dauphin county.
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IN ERROR. On a writ of error to the Court of Common Pleas of Dauphin county, it appeared that this was a case stated in that court in the nature of a special verdict, in which John Reesor, the defendant in error, was plaintiff below, and John Allen, the plaintiff in error, was defendant, to try which of the parties was entitled to a sum of money in court; arising frpm recent sales by the sheriff of the real estate of Christian Forney, situate in Dauphin county. John Reesor claimed it under a judgment in his favour against Christian Forney, entered in the said court on the 4th of September,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The consequences that would be produced by deciding this question in a particular way, have induced me to consider it with more than ordinary attention, and the result is a settled conviction that in Pennsylvania a recognizance does not bind lands, except in two instances where the contrary is established; in the one by an act of assembly, and in the other by long and continued usage.
The opposite opinion seems to have grown out of a supposition that a recognizance is a lien at the common law; than which nothing is more unfounded. This form…
2Cases cited5 opinions
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Walton v. WillisSupreme Court of the United States · 1788
- Campbell v. Richardson, Pennsylvania Court of Common Pleas, Philadelphia County1785
- Prior v. CraigSupreme Court of Pennsylvania · 1819
- Taggart v. Cooper ex rel. SempleSupreme Court of Pennsylvania · 1815
3Cited by2 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Cubbage v. NesmithSupreme Court of Pennsylvania · 1834