Legal Opinion

Searight's Estate

Supreme Court of Pennsylvania

Decided July 12, 1894No. Appeal, No. 502PublishedCited by 30 opinions

Appeal, No. 502, Jan. T., 1894, by Joseph A. Stuart, a judgment creditor of F. W. Searight, deceased, from decree of O. C. Cumberland Co., dismissing .exceptions to report of auditor. Exceptions to report of Edw. B. Watts, Esq., auditor. The following opinion was filed by Stewart, P. J., specially presiding: “ Subrogation was claimed for Joseph A. Stuart under the following circumstances : Lewis F. Lyne was plaintiff in judgment No. 168 Jan.

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Appeal, No. 502, Jan. T., 1894, by Joseph A. Stuart, a judgment creditor of F. W. Searight, deceased, from decree of O. C. Cumberland Co., dismissing .exceptions to report of auditor. Exceptions to report of Edw. B. Watts, Esq., auditor. The following opinion was filed by Stewart, P. J., specially presiding: “ Subrogation was claimed for Joseph A. Stuart under the following circumstances : Lewis F. Lyne was plaintiff in judgment No. 168 Jan. T.’, 1887, for $7,000 against George P. Sea-right and F., W. Searight. Stuart was plaintiff in a later judgment against George P. Searight to No. 602…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

If it were necessary to consider appellant’s right of subrogation to the hyne judgment, the question might well be rested on the opinion of the learned judge below, ivhich shows clearly the absence of any equity on which such subrogation could rest. But even conceding the right, the Lyne judgment was junior to the Bosler lien if that was still alive against F. W. Searight’s land. -The only question therefore is whether the Bosler judgment, having lost its lien against the land of G. P. Searight, the principal, still kept its hold on the estate of the suret3r, by…

2Cases cited7 opinions

  1. Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
  2. Campbell v. ShermanSupreme Court of Pennsylvania · 1892
  3. Winton v. LittleSupreme Court of Pennsylvania · 1880
  4. Jack v. JonesSupreme Court of Pennsylvania · 1840
  5. Downey's AppealSupreme Court of Pennsylvania · 1834

2 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Commonwealth v. MeyersSupreme Court of Pennsylvania · 1927
  2. Hadley's CaseSupreme Court of Pennsylvania · 1939
  3. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  4. L. J. W. Realty Corp. v. PhiladelphiaSupreme Court of Pennsylvania · 1957
  5. Toner's EstateSupreme Court of Pennsylvania · 1918

25 more not listed; retrieve them via the Exa API.

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