Philadelphia Bank v. Craft
Supreme Court of Pennsylvania
in error’. Writ of error to the Court of Common Pleas of Fayette county. The plaintiff in error was plaintiff below in this amicable action, to try whether the Philadelphia Bank was entitled, out of the money raised by the sale of the real estate of John Miller, to be paid the amount of an alleged judgment in favour of the bank, against. Miller, No. 23S, December Term, 1821, and the following case was stated, to be considered in nature of a special verdict.
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in error’. Writ of error to the Court of Common Pleas of Fayette county. The plaintiff in error was plaintiff below in this amicable action, to try whether the Philadelphia Bank was entitled, out of the money raised by the sale of the real estate of John Miller, to be paid the amount of an alleged judgment in favour of the bank, against. Miller, No. 23S, December Term, 1821, and the following case was stated, to be considered in nature of a special verdict. On the 10th of June, 1819, John Miller executed a writing, as follows, “ The Philadelphia Bank v. John Miller. Amicable action. In this…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
Secret incumbrances on real estate are not permitted by our law. Whether a confession of judgment for debt or damages uncertain in amount, without any statement of the cause of action, and without any declaration or document on the record, or in the office by which the amount can possibly be known, is from the time of such confession a lien upon land valid for whatever sum may be afterwards fixed, appears to me to be a question that can scarcely bear a doubt. It has not been contended that such an entry could be brought before a sheriff’s…
2Cases cited1 opinion
- Lewis v. SmithSupreme Court of Pennsylvania · 1815
3Cited by2 opinions
- Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
- Ramsey's AppealSupreme Court of Pennsylvania · 1834