Dean's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Luzerne county. This was an appeal by Isaac Dean, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Benjamin S. Tripp. On the 30th November 1850, a judgment was entered in the court below, in favour of D. Gr.
Read the full summary
Appeal from the Common Pleas of Luzerne county. This was an appeal by Isaac Dean, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Benjamin S. Tripp. On the 30th November 1850, a judgment was entered in the court below, in favour of D. Gr. Ricketson against Benjamin S. Tripp, on a bond and warrant of attorney, conditioned for the payment of §1000 in three annual instalments, with a stipulation that the lien of the judgment should be restricted to certain lands that day conveyed. On the 24th November 1855, an amicable revival of this…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Every argument on behalf of the appellants is sufficiently answered in the opinion of the learned judge, except perhaps that which is founded on the contract of the parties. It is said, that a party who consents to take a judgment with a restricted lien may, on the principles of the ruling in this case, defeat his agreement by immediately reviving it and obtaining a general lien. A sufficient answer to this objection is, that here the defendant had the whole benefit of the restriction. The judgment was entered 30th November 1850, and was…
2Cited by3 opinions
- Miller Brothers v. Boyotz Et Ux.Superior Court of Pennsylvania · 1929
- Carson v. FordSuperior Court of Pennsylvania · 1897
- Lewis v. Puchy, Pennsylvania Court of Common Pleas, Alleghany County1942