Colhoun ex rel. Zank v. Snider
Supreme Court of Pennsylvania
IN ERROR. IN this case, which was assumpsit in the Common Pleas of Franklin county against Snider as sheriff, to recover the proceeds of sale of a house and lot taken in execution at the suit of the plaintiff against Michael Immei, the following statement of facts was submitted for the opinion of that Court, and was the basis of the argument in this, “ Samuel Colhoun, having obtained a judgment in the Com- “ mon Pleas of Franklin county, by confession of M. Immei, “ on…
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IN ERROR. IN this case, which was assumpsit in the Common Pleas of Franklin county against Snider as sheriff, to recover the proceeds of sale of a house and lot taken in execution at the suit of the plaintiff against Michael Immei, the following statement of facts was submitted for the opinion of that Court, and was the basis of the argument in this, “ Samuel Colhoun, having obtained a judgment in the Com- “ mon Pleas of Franklin county, by confession of M. Immei, “ on the-day of -1804, a scire facias issued on said “judgment to April 1807, for the use of Jacob Zank against “ Michael Immei,…
1Opinion of the Court
Tilghman C. J.
The question in this case is, whether a judgment's a lien on lands purchased by the defendant after the' judgment, and aliened before execution issued. I am well satisfied that by the English common law such lands are bound. But it seems to have been differently understood in this state. In the case of Rundle and Murgatroyd v. Etwein, in this Court, (December Term 1795) it was the opinion of all the Court, as appears by a manuscript note .of Judge Teates, that after purchased land was not bound. I feel myself obliged to pay great respect to this opinion, particularly as the late…
2Cases cited4 opinions
- Brackenridge v. HollandIndiana Supreme Court · 1830
- Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810
- M'Creary v. FikeIndiana Supreme Court · 1830
- Smith v. HarrisIndiana Supreme Court · 1834
3Cited by26 opinions
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- Stephens's AppealSupreme Court of Pennsylvania · 1844
- Moody v. Doe ex dem. HarperMississippi Supreme Court · 1853
- Richter v. SelinSupreme Court of Pennsylvania · 1822
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