Lloyd v. Galbraith
Supreme Court of Pennsylvania
Appeal in Equity from tbe Common Pleas of Indiana county. This was a bill in equity by William M. Lloyd, Robert B. Johnston, and William Jack, trading as Bell, Johnston, Jack & Co., against Archibald Galbraith, David Prosser, and the firm of Bell, Smith & Co., for a decree of subrogation.
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Appeal in Equity from tbe Common Pleas of Indiana county. This was a bill in equity by William M. Lloyd, Robert B. Johnston, and William Jack, trading as Bell, Johnston, Jack & Co., against Archibald Galbraith, David Prosser, and the firm of Bell, Smith & Co., for a decree of subrogation. The defendants filed their answer, denying the complainants’ right to the relief sought for; and the parties agreed upon the following statement of facts in the case:— On the 26th May 1856, Alexander Elliott obtained a judgment against Archibald Galbraith for $1000. At that date, Galbraith was the owner of a…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
This ease was rightly decided by the learned judge of the Court of Common Pleas. If at the time when Elliott proceeded to enforce payment of his judgment, by the sale of the lot and of the Anderson Farm, he could have been compelled in equity to levy upon the Swan Farm, which Prosser had purchased, then the appellants, whose security upon that lot and the Anderson Farm was taken away by his execution, would be entitled to substitution to his place and to the use of his judgment. The acknowledged principle is, that when a creditor has a lien…
2Cases cited4 opinions
- Armstrong's AppealSupreme Court of Pennsylvania · 1843
- Ebenhardt's AppealSupreme Court of Pennsylvania · 1845
- Hastings' CaseSupreme Court of Pennsylvania · 1840
- Himes v. KellerSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
- McCahan's EstateSupreme Court of Pennsylvania · 1933
- Committee of Creditors of Ludwig Honold Manufacturing Co. v. Central Penn National Bank (In Re Ludwig Honold Manufacturing Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Miller Lumber & Coal Co. v. BerkheimerSupreme Court of Pennsylvania · 1941
- DeHart v. United States (In Re Metropolitan Metals, Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 1985
- Mahoning Inv. Co. v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1939
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