Legal Opinion

Freeman v. Caldwell

Supreme Court of Pennsylvania

Decided July 15, 1840PublishedCited by 10 opinions

ERROR to the common pleas of Lycoming county. James D. Caldwell against Brewster Freeman. The plaintiff obtained a judgment against the defendant for S54 dollars 36 cents, upon which the defendant paid 400 dollars. A fieri facias subsequently issued for the balance, which was levied upon thirty-two head of cattle as the property of the defendant, but which were claimed by a third person.

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ERROR to the common pleas of Lycoming county. James D. Caldwell against Brewster Freeman. The plaintiff obtained a judgment against the defendant for S54 dollars 36 cents, upon which the defendant paid 400 dollars. A fieri facias subsequently issued for the balance, which was levied upon thirty-two head of cattle as the property of the defendant, but which were claimed by a third person. The, sheriff, however, proceeded and sold the cattle, for an amount sufficient to pay the balance of the debt, and they were purchased by the plaintiff in the execution. Subsequently, John Pfoutz and John A.…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

In judicial sales there is no warranty. The principle is universal, but particularly recognised by us in judicial sales of land, which we treat as a chattel for payment of debts; and it is of course-equally applicable to the judicial sale of a chattel pure. What interest in it does the sheriff propose to sell? Not a title to it, but the debtor’s property in it, whatever it may be; and the vendee, where the thing has been recovered from him, has no recourse to the price of it in the hands of the sheriff or the creditor’s pocket. In the case…

2Cases cited3 opinions

  1. The Monte AllegreSupreme Court of the United States · 1824
  2. Stoyel v. CadySupreme Court of Connecticut · 1810
  3. Whiting v. BradleySuperior Court of New Hampshire · 1819

3Cited by10 opinions

  1. Tonge v. RadfordSuperior Court of Pennsylvania · 1931
  2. Boas v. UpdegroveSupreme Court of Pennsylvania · 1847
  3. Jackson v. PittsburgSuperior Court of Pennsylvania · 1908
  4. Miller v. FitchSupreme Court of Pennsylvania · 1844
  5. Spang v. CommonwealthSupreme Court of Pennsylvania · 1849

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