Andrew's Lessee v. Fleming

Supreme Court of Pennsylvania

Andrew's Lessee v. Fleming

2 U.S. 93

CourtSupreme Court of Pennsylvania

DecidedMay 15, 1786

StatusPublished

Cited by1 cases

This text of 2 U.S. 93 (Andrew's Lessee v. Fleming) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrew's Lessee v. Fleming, 2 U.S. 93 (1786).

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Opinion

By the Court:

— Lands are to be considered as chattels in Pennsylvania, for the payment of debts. In some counties of this State, and throughout the State of Delaware, the writs of Fi. Fa. always issue in that form. It is said, that the precedents mention “Lands and Tenements”; but this has not been proved, as it ought to be, by producing in Court such precedents before, at the time, and subsequent, to the issuing of the Writ. At most, however, it is but an omission, in point of form; which is too slender a foundation for oversetting a sheriff's sale of lands.

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By the Court:

— Lands are to be considered as chattels in Pennsylvania, for the payment of debts. In some counties of this State, and throughout the State of Delaware, the writs of Fi. Fa. always issue in that form. It is said, that the precedents mention “Lands and Tenements”; but this has not been proved, as it ought to be, by producing in Court such precedents before, at the time, and subsequent, to the issuing of the Writ. At most, however, it is but an omission, in point of form; which is too slender a foundation for oversetting a sheriff's sale of lands.

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Bluebook (online)

2 U.S. 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-lessee-v-fleming-pa-1786.

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