Cowden v. Brady
Supreme Court of Pennsylvania
In Error. WRIT of error to Indiana county, on a bill of exceptions to the opinion of the Court in an action of ejectment brought by John Cowden, the plaintiff in error, for the recovery of a tract of land, formerly the property of William. P. Brady, one of the defendants. The following are the material circumstances of the case: On the 14th of . j ji 1807, Cowden obtained a judgment for a debt due to him from Brady, in the Court of Common Pleas of Northumberland county.
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In Error. WRIT of error to Indiana county, on a bill of exceptions to the opinion of the Court in an action of ejectment brought by John Cowden, the plaintiff in error, for the recovery of a tract of land, formerly the property of William. P. Brady, one of the defendants. The following are the material circumstances of the case: On the 14th of . j ji 1807, Cowden obtained a judgment for a debt due to him from Brady, in the Court of Common Pleas of Northumberland county. On this iuderment a testatum fieri facias • ‘ t ,. Jo J J issued to Indiana county, returnable to August li rrn, 1809, which…
1Opinion of the Court
Tilghman C. J.
(after stating the principal facts) proceeded as follows:—
Thus it appears, that'the plaintiff had the first judgment and execution, but the, defendant the first sale and deed from the Sheriff ; and the question is, which has the preference. The plaintiff’s judgment in Northumberland county, was no lien on the land in question, which lies in Indiana county. But Kelly’s judgment being in the county where the land lies, was a lien from its-date. The defendants, therefore, will be entitled to hold it, unless the plaintiff obtained a lien by his execution, which continued to thé time…
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