Cottrell's Appeal—Bowers' Estate
Supreme Court of Pennsylvania
Appeal by J. W. Cottrell from the decree of the Common Pleas of Lancaster county, directing distribution of proceeds of sale of real estate of A. Bowers.
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Appeal by J. W. Cottrell from the decree of the Common Pleas of Lancaster county, directing distribution of proceeds of sale of real estate of A. Bowers. Ephraim Hershey had a judgment v. Bowers, entered to January Term 1850; and Cottrell had a judgment against the same defendant to January Term 1852. In December, 1852, the property of Bowers was advertised for sale under execution issued on Hershey’s judgment; and Hershey agreed to stop the sale if Bowers gave him security for the amount of his judgment. Bowers proposed Isaac Pusey as “ security.” Bowers, in that month, gave to Hershey a…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
Subrogation is founded on principles of equity and benevolence, and may be decreed where no contract or privity of any kind exists between the parties. Wherever one not a mere volunteer discharges the debt of another, he is entitled to all the remedies which the creditor possessed against the debtor. Actual payment discharges a judgment or other encumbrance at law, but where justice requires it we keep it afoot in equity for the safety of the paying surety. These principles, settled in numerous cases, which will be found collected in 2…
2Cases cited2 opinions
- Kyner v. KynerSupreme Court of Pennsylvania · 1837
- Bank of Pennsylvania v. PotiusSupreme Court of Pennsylvania · 1840
3Cited by12 opinions
- U. S. Steel Homes Credit Corp. v. South Shore Development Corp.Superior Court of Pennsylvania · 1980
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
- Amos v. Central Coal CompanyCourt of Appeals of Tennessee · 1954
- Harrison v. HarrisonTennessee Supreme Court · 1923
- Miller v. MillerSupreme Court of Pennsylvania · 1888
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