Barnet v. Washebaugh
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Franklin county. The plaintiff in error, who was plaintiff below, John Barnet, was administrator de bonis non oí.Sarah Price, deceased: the defendant, David Washebaugh, was administrator cum testamento annexo of William Scott, deceased, with notice to William Scott and Margaret Maris, terre-tenants. The court below rendered judgment in favour of the defendant.
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IN ERROR. Error to the Court of Common Pleas of Franklin county. The plaintiff in error, who was plaintiff below, John Barnet, was administrator de bonis non oí.Sarah Price, deceased: the defendant, David Washebaugh, was administrator cum testamento annexo of William Scott, deceased, with notice to William Scott and Margaret Maris, terre-tenants. The court below rendered judgment in favour of the defendant. This was a scire facias upon a judgment, at the suit of John Barnet, administrator de bonis non of Sarah Price, (who had been substituted as plaintiff in consequence of the death of Josiah…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
In considering the questions raised by the plaintiff in error, I throw entirely out of view the agreement between Josiah Price and William Scott; for, however valid the agreement may be between themselves, they have not the power to affect the rights of John Scott and his creditors. They were not parties, and are not bound by the arrangement. Neither do I consider the fact that Price was not put into possession by the sheriff, as at all material. By the agreement between Price and Scott, Wilham Scott becomes the tenant of Price, and is as…
2Cases cited2 opinions
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
- Gause v. WileySupreme Court of Pennsylvania · 1818
3Cited by7 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Luce v. SnivelySupreme Court of Pennsylvania · 1835
- Coleman v. Mansfield, Pennsylvania Court of Common Pleas, Philadelphia County1835
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