Ramsey's Appeal
Supreme Court of Pennsylvania
APPEAL from the commoti pleas of Cumberland county. The real estate of William Ramsey deceased,, was sold by the sheriff, and the proceeds brought into court for appropriation. The Chambersburg Bank, having the first judgment, claimed to be paid the full amount.
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APPEAL from the commoti pleas of Cumberland county. The real estate of William Ramsey deceased,, was sold by the sheriff, and the proceeds brought into court for appropriation. The Chambersburg Bank, having the first judgment, claimed to be paid the full amount. It was objected to by the subsequent judgment creditors, that Ramsey held stock in the bank upon which this claim was a lien, and that its amount should be defalked from the bank’s judgment, and the balance only paid. The general creditors of the deceased insisted that the bank should take the whole of their judgment out of the money…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Specific objections are made to the-allowance or disallowance of particular liens, which are to be disposed of in their order; and first, of the lien held by the Bank of the United States, as an assignee of the moiety of a judgment obtained by the Pennsylvania Agricultural Bank. Judgments obtained against the latter bank for more than a moiety of the debt assigned, were held by the debtor, in his lifetime, and ought now, it is contended, to be set off without regard to the rights of the Bank of the United. States under the assignment, as…
2Cases cited4 opinions
- Bank of Pennsylvania ex rel. Echelman v. WingerSupreme Court of Pennsylvania · 1829
- Helvete v. RappSupreme Court of Pennsylvania · 1821
- Allen v. ReesorSupreme Court of Pennsylvania · 1827
- Philadelphia Bank v. CraftSupreme Court of Pennsylvania · 1827
3Cited by28 opinions
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Kountz v. Kirkpatrick & LyonsSupreme Court of Pennsylvania · 1873
- Jennings, Friedman & Stevens ex rel. Mercantile Trust Co. v. LoefflerSupreme Court of Pennsylvania · 1898
- Filbert v. HawkSupreme Court of Pennsylvania · 1839
- Knoller v. Everett Realty Co.Superior Court of Pennsylvania · 1916
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