Commonwealth v. Lelar
Supreme Court of Pennsylvania
From Nisi Prius, Philadelphia. Tbe Commonwealth of Pennsylvania, ex relatione Alfred Johnson, against Henry Lelar and others. This was a scire facias upon the recognizance of sheriff Lelar. It was tried at the Nisi Prius, and a verdict rendered for the plaintiff. It was issued to recover a sum of money in tbe hands of Henry Lelar, sheriff of Philadelphia, and to which the relator, the real plaintiff, alledged himself entitled.
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From Nisi Prius, Philadelphia. Tbe Commonwealth of Pennsylvania, ex relatione Alfred Johnson, against Henry Lelar and others. This was a scire facias upon the recognizance of sheriff Lelar. It was tried at the Nisi Prius, and a verdict rendered for the plaintiff. It was issued to recover a sum of money in tbe hands of Henry Lelar, sheriff of Philadelphia, and to which the relator, the real plaintiff, alledged himself entitled. The fund arose from a sale under a Venditioni JExponas, in the case of Paul vs. Bower, in which certain real estate subject to ground rent, was sold, the judgment being…
1Opinion of the Court
The opinion of the Court was delivered by
Bell, J.
The right of the plaintiff to recover any portion of the proceeds of the land, sold by the defendant, as sheriff, depends on the question whether in 1846, when the former purchased a portion of the same land, as the purpart of Christopher Crouse, the judgment recovered, in the year 18201, by Samuel Johnson against Crouse, continued to be a lien on that purpart ?
*26The persons who in 1822 were nominated assignees of the estate of Crouse, then an insolvent debtor, utterly neglected or re-refused, for a period of seventeen years, to give the required…
2Cases cited3 opinions
- Dallam v. FitlerSupreme Court of Pennsylvania · 1843
- Clark v. IsraelSupreme Court of Pennsylvania · 1814
- Chahoon v. HollenbackSupreme Court of Pennsylvania · 1826
3Cited by2 opinions
- Commonwealth, to Use v. Davis (Et Al.)Superior Court of Pennsylvania · 1936
- McCord's EstatePennsylvania Orphans' Court, Philadelphia County · 1922