Reed v. Reed
Supreme Court of Pennsylvania
THIS was a writ of error to the Court of Common Pleas of Mifflin county, where judgment was rendered in favour of the commonwealth for Jane Reed against Abner Reed, James Thompson, James Milliken, and Joseph Milliken who survived Foster Milliken, in an action of debt on the recognizance of Foster Mil-liken," late sheriff of Mifflin county, and the defendants, for the faithful performance of his duties as sheriff.
Read the full summary
THIS was a writ of error to the Court of Common Pleas of Mifflin county, where judgment was rendered in favour of the commonwealth for Jane Reed against Abner Reed, James Thompson, James Milliken, and Joseph Milliken who survived Foster Milliken, in an action of debt on the recognizance of Foster Mil-liken," late sheriff of Mifflin county, and the defendants, for the faithful performance of his duties as sheriff. The plaintiff claimed the amount, with interest, due upon a legacy given to her by the will of her late husband, Alexander Reed, from the moneys coming into the hands of the sheriff…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The questions that have been discussed in the argument here, are three: 1st, whether the plaintiff is entitled to be paid the arrears of her annuity, due at the time of the sheriff’s sale; 2d, whether she is entitled to interest, and how much; 3d, whether the set-off was admissible.
1. On a sheriff’s sale of land, it is settled that all liens on the land, due at the time of the sale, when they are capable of being reduced to a certainty, are entitled to payment out of the proceeds. It was long ago decided in Bantleon v. Smith (2 Binn. 146)…
2Cases cited2 opinions
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Reed v. ReedSupreme Court of Pennsylvania · 1840
3Cited by3 opinions
- Wertz's AppealSupreme Court of Pennsylvania · 1870
- Hacker v. CozzensSupreme Court of Pennsylvania · 1880
- Lensenig v. Thompson, Pennsylvania Court of Common Pleas, Lancaster County1873