Hale v. Henrie
Supreme Court of Pennsylvania
APPEAL by defendant from the circuit court of Dauphin county, held by Gibson, Chief Justice. • Benezer Hale, the plaintiff in this case, recovered a judgment againt George Capp and another, in the court of common pleas of Dauphin county, on the 29th of November 1830, for the. sum of 2500 dollars, with stay of execution for two years, and issued a fieri facias to November term 1832, which was levied on the undivided half of a lot. of ground and stable thereon, situate in…
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APPEAL by defendant from the circuit court of Dauphin county, held by Gibson, Chief Justice. • Benezer Hale, the plaintiff in this case, recovered a judgment againt George Capp and another, in the court of common pleas of Dauphin county, on the 29th of November 1830, for the. sum of 2500 dollars, with stay of execution for two years, and issued a fieri facias to November term 1832, which was levied on the undivided half of a lot. of ground and stable thereon, situate in Harrisburg. An inquisition was held, finding “ that the rents, issues and profits are of a clear yearly value, beyond all…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The title set up by the defendant professes to be paramount to that of Henrie in his separate capacity, and to defeat the plaintiff’s execution, by showing that, although the deed to Capp and Henrie was to them as tenants in common, and, therefore, on its face, each held an undivided moiety; yet, in fact, they held the property as partners, pledged to partnership creditors,, in exclusion of the plaintiff, who was a separate creditor of one partner. Such a trust or ownership of the property is inconsistent with the title on record, which is…
2Cases cited4 opinions
- Metzgar ex rel. Uhler v. MetzgarSupreme Court of Pennsylvania · 1829
- Lenox v. M'CallSupreme Court of Pennsylvania · 1817
- Thomas v. WrightSupreme Court of Pennsylvania · 1822
- Simpson v. JackSupreme Court of Pennsylvania · 1825
3Cited by25 opinions
- TEACHER v. KijurinaSupreme Court of Pennsylvania · 1950
- Ridgway, Budd & Co.'s AppealSupreme Court of Pennsylvania · 1850
- Lengert v. ChaninelSupreme Court of Pennsylvania · 1904
- Tarbox v. HaysSupreme Court of Pennsylvania · 1837
- Erwin's AppealSupreme Court of Pennsylvania · 1861
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