Witmer's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Lebanon county. This was a proceeding in equity, founded on a bill filed January 4th 1862, by David Steinmetz and Henry Landis, administrators of Jacob Becker, deceased, against Jonathan Bender, sheriff of Lebanon county, and Jacob Witmer and other creditors of Henry Thoma, and against the said Henry Thoma.
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Appeal from the Common Pleas of Lebanon county. This was a proceeding in equity, founded on a bill filed January 4th 1862, by David Steinmetz and Henry Landis, administrators of Jacob Becker, deceased, against Jonathan Bender, sheriff of Lebanon county, and Jacob Witmer and other creditors of Henry Thoma, and against the said Henry Thoma. The bill set forth that Henry Thoma is the owner in foe of a tract of land of about forty acres, situate in Union township, Lebanon county, with a steam grist and saw mill thereon erected . — that there are liens upon said property, as follows, viz.: a dower…
1Opinion of the Court
The opinion of the court was delivered,
by
WoodwaRD, J.
In affirming this decree, we wish to be understood as neither affirming nor denying the broad proposition that equity will, at the suit, of a mere judgment-creditor, interpose to restrain such acts of a judgment-debtor, in possession as owner of real estate, as would constitute waste at common law. A judgment-creditor is not within the protection of our Act of Assembly of 29th March 1832, Purdon 1008, until he has brought his debtor’s land to liability to sale on a venditioni exponas ; but whether, independently of the statute, lie is…
2Cases cited1 opinion
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
3Cited by15 opinions
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- Chartiers Valley School District v. Virginia Mansions Apartments, Inc.Superior Court of Pennsylvania · 1985
- Havens v. PearsonSupreme Court of Pennsylvania · 1939
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