Waters v. Largy
Supreme Court of Pennsylvania
This was an appeal from the decision of the District Court for the city and county of Philadelphia, on the report of the auditor appointed to make distribution of the moneys arising from the sale of the defendant’s real estate, at the suit of' the plaintiff, Charles Waters.
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This was an appeal from the decision of the District Court for the city and county of Philadelphia, on the report of the auditor appointed to make distribution of the moneys arising from the sale of the defendant’s real estate, at the suit of' the plaintiff, Charles Waters. The court decided that a judgment for one hundred and three dollars and thirty-nine cents in favour of A. D. Cash, was entitled to priority over a judgment for the plaintiff The plaintiff appealed, and assigned for reasons that the court erred in preferring Cash’s judgment, that having ceased to be a lien on defendant’s…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
If the judgment against Largy in favour of Goddard was paid by Cash for the purpose of extinguishing the lien of it upon the real estate of Largy it could not be revived afterwards by Goddard’s attorney directing the judgment to be marked on the docket for Cash’s use. Now from the evidence, it is utterly impossible that -the most sceptical mind should doubt as to the object of paying this judgment. It was a lien upon the real estate of Largy, when Peterson was applied to, to lend his money upon a mortgage to -be.given upon the estate as a…
2Cases cited1 opinion
- Anderson v. NeffSupreme Court of Pennsylvania · 1824
3Cited by4 opinions
- State ex rel. Gondran v. RostSupreme Court of Louisiana · 1895
- Ripple v. SuccopSuperior Court of Pennsylvania · 1906
- Estate of George Worrell, Jr. v. Thang, Inc.Court of Appeals for the Sixth Circuit · 2026
- Kerns v. KijakaziDistrict Court, S.D. Texas · 2024