Legal Opinion

Krause's Appeal

Supreme Court of Pennsylvania

Decided April 3, 1837PublishedCited by 2 opinions

This was an appeal from a decree of the Court of Common Pleas of Northampton County, in the matter of the accounts of the assignees of William Smick.

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This was an appeal from a decree of the Court of Common Pleas of Northampton County, in the matter of the accounts of the assignees of William Smick. The facts upon which the controversy arose, were as follows:— On the 30 th of April, 1803, Christian Benzien, (the secular head of the Moravian Society,) by his attorney, Jacob Van Vleck, executed an indenture of lease to John Jacob Smick, (father of William Smick,) of a certain messuage and lot of ground, situate in the town of Nazareth, in the county of Northampton, being the lot marked No. 27 in the plan of the said town, &c. “ To have and to…

1Opinion of the Court

The opinion of the court was delivered by

Huston, J.

The question presented in this case is, was the interest of William Smick'in certain houses and a lot, leasehold or freehold ? or in other words, was it bound by a judgment? For there is no question, that, whether his interest was for years or for life, or in fee, or whether legal or equitable, it was transferable. That is admitted. The appellant says it was bound by the judgment in favour of J. Krause ; if it was a freehold, whether legal or equitable, this would have been the case.

Neither the act of parliament, which, in England, subjected…

2Cases cited1 opinion

  1. Ely v. BeaumontSupreme Court of Pennsylvania · 1819

3Cited by2 opinions

  1. Summerville v. Stockton Milling Co.California Supreme Court · 1904
  2. Western Pennsylvania Railroad v. JohnstonSupreme Court of Pennsylvania · 1868

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