Commonwealth ex rel. Pennock's Executors v. M'Kisson
Supreme Court of Pennsylvania
IN ERROR. This action was brought in the Court of Common Pleas, of Lycoming county, in the name of the Commonwealth, for the use of George Williams, and others, executors of George Pennock, deceased, against Arthur M‘Kisson, late sheriff of Incoming county, Samuel Steioart, George Roberts, Joseph Lenover, and Benjamin Warner, and was returned, served as to M‘Kisson and Stewart.
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IN ERROR. This action was brought in the Court of Common Pleas, of Lycoming county, in the name of the Commonwealth, for the use of George Williams, and others, executors of George Pennock, deceased, against Arthur M‘Kisson, late sheriff of Incoming county, Samuel Steioart, George Roberts, Joseph Lenover, and Benjamin Warner, and was returned, served as to M‘Kisson and Stewart. It was brought on the official bond of the sheriff and his sureties, to recover the amount of a judgment which Pennock had obtained in that court, and which the plaintiffs alleged the sheriff was bound, and omitted to…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
This is a question of very general concern, and of immense importance. It is, whether an execution returned levied on land, falls within the provisions of the act limiting the time during which judgments shall remain a lien on real estate.
It certainly has been the received opinion at the bar, and the practice has corresponded with it, that where an execution has been levied on land, the lien continues on the land levied, without a revival of the judgment every five years; and I would pay much respect to such continued practice, without any…
2Cases cited3 opinions
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Pennock v. HartSupreme Court of Pennsylvania · 1822
- Cowden v. BradySupreme Court of Pennsylvania · 1822
3Cited by6 opinions
- Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
- Westmoreland Bank v. RaineySupreme Court of Pennsylvania · 1832
- Ebright v. BankSupreme Court of Pennsylvania · 1833
- Appeal by BetzSupreme Court of Pennsylvania · 1830
- Bell v. IngramSupreme Court of Pennsylvania · 1846
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