Groves's Appeal
Supreme Court of Pennsylvania
March 9th 1871. Before Thompson, C. J., Bead, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the Court of Common Pleas of Schuylkill county: No. 225, to January Term 1871. This was a proceeding in the court below distributing the proceeds of the sale of the real estate of James Buddy, deceased.
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March 9th 1871. Before Thompson, C. J., Bead, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the Court of Common Pleas of Schuylkill county: No. 225, to January Term 1871. This was a proceeding in the court below distributing the proceeds of the sale of the real estate of James Buddy, deceased. The real estate was sold September 1st 1866 to John Groves for $1200 ; he being a lien-creditor of the defendant, the sheriff took his receipt for $1114.58, and he paid the balance, $85.42, in cash. James Ellis, Esq., was appointed auditor to make distribution of the proceeds of…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
At common law, following the original feudal principle, land could not be taken to pay the debts of the owner, and hence judgments were not liens. “ At common law” says Mr. Price, in his valuable treatise on Limitation and Liens, “ a judgment was not a lien upon lands, but the lien resulted in England from lands being subjected by statute to be taken in execution; and from this right the land was held bound from the date of the judgment. The first of these, the 13 Edw. 1, de mercatoribus, subjected to liability the lands of the debtor…
2Cited by9 opinions
- Ponthus v. PonthusSuperior Court of Pennsylvania · 1918
- Wargo v. WargoSuperior Court of Pennsylvania · 1957
- Kerr v. KerrSupreme Court of Pennsylvania · 1907
- Wargo v. WargoSuperior Court of Pennsylvania · 1959
- York v. YorkSuperior Court of Pennsylvania · 1932
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