Buck's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lehigh county: Of January Term 1882, No. 78. Appeal of Beuben Buck from a decree of the Court of Common Pleas of Lehigh county, distributing the proceeds of certain real estate sold under order of the court by Alvin F. Creitz, assignee for the benefit of creditors of Samuel P. Oswald. ' The auditor appointed to award distribution of the fund found the facts to be as follows : — On April 7th 1873, Jacob J. Oswald was the owner of two…
Read the full summary
Appeal from the Court of Common Pleas of Lehigh county: Of January Term 1882, No. 78. Appeal of Beuben Buck from a decree of the Court of Common Pleas of Lehigh county, distributing the proceeds of certain real estate sold under order of the court by Alvin F. Creitz, assignee for the benefit of creditors of Samuel P. Oswald. ' The auditor appointed to award distribution of the fund found the facts to be as follows : — On April 7th 1873, Jacob J. Oswald was the owner of two tracts of land in Lehigh county. On that day a judgment was entered against him on a judgment note, with waiver of…
1Opinion of the CourtJustice Gordon
delivered the opinon of the court, March 27th 1882.
So well has this case been disposed of by the learned Judge of the court líelow, that we need spend but few words in justification of its affirmance.
It is very true that under the Act of 1827, the terre-tenant is not concluded by the amicable revival of a judgment unless he is joined in the agreement which provides for such revival, but neither is he concluded by a scire facias unless he is served according to the provisions of the Act of 1798. But the Act of April 16th 1849 alters the practice in this, that the terre-tenant is entitled to…
2Cited by5 opinions
- Kefover v. HusteadSupreme Court of Pennsylvania · 1928
- Wetmore v. WetmoreSupreme Court of Pennsylvania · 1893
- Miners Sav. Bk. of Pittston v. Tracy Et Ux.Supreme Court of Pennsylvania · 1937
- Schell v. KneedlerSupreme Court of Pennsylvania · 1948
- Huntington v. Minard, Pennsylvania Court of Common Pleas, Cameron County1935