Sheetz v. Hanbest's Executors
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term, 1874, No. 8. This was a feigned issue, framed December 6th 1867, in which Peter Sheetz and others, creditors of John D. Lentz, were the plaintiffs, and Thomas P. Hanbest the defendant; on the 19th of August 1873, the death of the defendant was suggested and Isaac Norris and Philip Hanbest, his executors, ivere substituted.
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Error to the District Court of Philadelphia: Of July Term, 1874, No. 8. This was a feigned issue, framed December 6th 1867, in which Peter Sheetz and others, creditors of John D. Lentz, were the plaintiffs, and Thomas P. Hanbest the defendant; on the 19th of August 1873, the death of the defendant was suggested and Isaac Norris and Philip Hanbest, his executors, ivere substituted. The case was tried December 30th 1873,.before Briggs, J., when the following circumstances appeared :— On the 29th day of July 1861, judgment was entered in the District Court in favor of Hanbest against John D.…
1Opinion of the CourtJustice Sharswood
If there is any point which may be regarded as settled in this state, it is that, upon the distribution of the proceeds of a sheriff’s sale a subsisting judgment can only be attacked by other creditors collaterally on the ground of collusion : Dougherty’s Estate, 9 W. & S. 189 ; Lewis v. Rogers, 4 Harris 18; Thompson’s Appeal, 7 P. F. Smith 175 ; Clark v. Douglass, 12 P. F. Smith 408.
They may show indeed any matter of defence arising subsequent to the judgment, which the defendant himself could do in an action of debt or scire facias upon it. The jury below were empannelled to try three…
2Cases cited1 opinion
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
3Cited by7 opinions
- West v. LysleSupreme Court of Pennsylvania · 1930
- Stream v. BarnardOhio Supreme Court · 1929
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Knowles v. JacobsSuperior Court of Pennsylvania · 1897
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