Legal Opinion

Lyon ex rel. Conklin v. Cleveland

Supreme Court of Pennsylvania

Decided October 7, 1895No. Appeal, No. 514PublishedCited by 15 opinions

Appeal, No. 514, Jan. T., 1894, by defendant, from order of C. P. Bradford Co., May T., 1891, No. 661, discharging rule to set aside execution, and strike off judgment. Rule to strike off judgment and set aside execution. Before Peck, P. J. The facts appear by the opinion of the Supreme Court and by the following opinion of the court below: “ On the 3d of November, 1886, George Lyon entered a judgment against the defendant J. C. Cleveland for $3,000, to No. 406 Deo.

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Appeal, No. 514, Jan. T., 1894, by defendant, from order of C. P. Bradford Co., May T., 1891, No. 661, discharging rule to set aside execution, and strike off judgment. Rule to strike off judgment and set aside execution. Before Peck, P. J. The facts appear by the opinion of the Supreme Court and by the following opinion of the court below: “ On the 3d of November, 1886, George Lyon entered a judgment against the defendant J. C. Cleveland for $3,000, to No. 406 Deo. T., 1886, in the court of common pleas of Bradford county. On the 30th of January, 1891, George Lyon, the plaintiff, assigned…

1Opinion of the Court

Opinion by

Mr. Justice Williams,

This appeal presents an interesting question. It cannot be said to be definitely settled, but its solution will be made comparatively easy by a distinct statement of it and of the facts on which it arises. The plaintiff is the holder of a judgment against the defendant which was entered in 1886. It then became a lien upon a valuable farm owned by the defendant and occupied by himself and his family. In 1891 the defendant and his family were still in possession of the farm without visi*616ble change. The record showed the title remaining in him. There is no…

2Cases cited3 opinions

  1. Armington v. RauSupreme Court of Pennsylvania · 1882
  2. Schaffer v. CadwalladerSupreme Court of Pennsylvania · 1860
  3. Beam's AppealSupreme Court of Pennsylvania · 1852

3Cited by15 opinions

  1. Uhler v. MosesSupreme Court of Pennsylvania · 1901
  2. Kefover v. HusteadSupreme Court of Pennsylvania · 1928
  3. Pugh v. Heating Plumbing Finance CorporationNew Mexico Supreme Court · 1945
  4. Sherrard's Executors v. JohnstonSupreme Court of Pennsylvania · 1899
  5. Miller Brothers v. Boyotz Et Ux.Superior Court of Pennsylvania · 1929

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