Waters's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Bradford county. This was an appeal by John Waters from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of J. W. Spencer.
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Appeal from the Common Pleas of Bradford county. This was an appeal by John Waters from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of J. W. Spencer. On the 1st July 1858, John Waters, by articles of agreement, contracted to sell to J. W. Spencer, a farm in Burlington township, Bradford county, for the sum of $1400; the purchase-money to be paid as follows: $100 in cash, $650.45 to certain creditors of Waters, the payment of whose claims was assumed by Spencer, and for the balance, $649.55, Spencer was to give Waters his note payable on or…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
It has been many times said and decided in Pennsylvania, that a judgment against the equitable estate which a vendee holds under articles of agreement for the sale and purchase of land, attaches to and binds the legal estate the instant that it vests in the vendee: Richter v. Selin, 8 S. & R. 425; Lynch v. Dearth, 2 Penn. R. 110; Episcopal Academy v. Frieze, 2 Watts 16; Foster’s Appeal, 3 Barr 80; Lyon v. McGuffey, 4 Barr 128.
In all such cases, effect is given to the judgment lien, without revival, against a subsequently acquired interest…
2Cases cited2 opinions
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Episcopal Academy v. FriezeSupreme Court of Pennsylvania · 1833
3Cited by8 opinions
- Ervin v. PittsburghSupreme Court of Pennsylvania · 1940
- Denny, Banking Commissioner v. FishterCourt of Appeals of Kentucky (pre-1976) · 1931
- Miles v. WaggonerSuperior Court of Pennsylvania · 1903
- United States v. TaftDistrict Court, D. South Carolina · 1942
- Brumbach v. Pearson, Pennsylvania Court of Common Pleas, Berks County1929
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