Richards v. Ayres
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Susquehanna county. Isaac Ayres against Joseph T. Richards. Feigned issue. The object of this issue was to ascertain whether the plaintiff or defendant was entitled to the money made by the sale of the property of William Dobson, under a judgment of B. Barnly v. William Dobson, No. 79, February Term 1839; which was the oldest judgment.
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ERROR to the Common Pleas of Susquehanna county. Isaac Ayres against Joseph T. Richards. Feigned issue. The object of this issue was to ascertain whether the plaintiff or defendant was entitled to the money made by the sale of the property of William Dobson, under a judgment of B. Barnly v. William Dobson, No. 79, February Term 1839; which was the oldest judgment. The defendant claimed the money under a judgment, No. 66, September Term 1840, entered 15th of June 1840, against Dobson, in favour of J. S. &. R. D. Peironnet. Upon the face of the records the plaintiff was entitled to the money,…
1Per curiam
The doctrine of merger applicable to a case like the present, was fully considered in Dougherty v. Jack, (5 Watts 456); Moore v. The Harrisburg Bank, (8 Watts 146); and Penington v. Coats, (6 Whart. 282); in the last of which it was said that merger depends generally, but not universally, on the intention of the party to be affected; that an intent to prevent it, is to be presumed wherever it was his interest that the term or encumbrance should not sink in the inheritance; and that such a consequence takes place only where it is indifferent to him. Such being the rule, it disposes of the case…
2Cases cited1 opinion
- Dougherty v. JackSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
- Wright v. Grover & Baker S. M. Co.Supreme Court of Pennsylvania · 1876
- Continental Title & Trust Co. v. DevlinSupreme Court of Pennsylvania · 1904
- Carrow v. HeadleySupreme Court of Pennsylvania · 1893
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