Downey's Appeal

Supreme Court of Pennsylvania

Downey's Appeal

2 Watts 297

CourtSupreme Court of Pennsylvania

DecidedMay 15, 1834

StatusPublished

Cited by2 cases

This text of 2 Watts 297 (Downey's Appeal) 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

Downey's Appeal, 2 Watts 297 (Pa. 1834).

Pincite

Opinion

Per Curiam.

This case can not be distinguished from Fryhoffer v. Busby, 17 Serg. & Rawle 121, in which-it was held that the death of a debtor by judgment does not change the nature of the lien, or subject it, for its continuance, to the provisions of the intestate laws. But according to the decision in Penn v. Hamilton during the last term at Chambersburg, (ante, page 53) in which it was held that proceedings analogous to those required by the supplement to the act of 1798, are necessary to prolong a lien under the intestate laws, Downey’s judgment had lost its lien in any event.

Decree affirmed.

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Per Curiam.

This case can not be distinguished from Fryhoffer v. Busby, 17 Serg. & Rawle 121, in which-it was held that the death of a debtor by judgment does not change the nature of the lien, or subject it, for its continuance, to the provisions of the intestate laws. But according to the decision in Penn v. Hamilton during the last term at Chambersburg, (ante, page 53) in which it was held that proceedings analogous to those required by the supplement to the act of 1798, are necessary to prolong a lien under the intestate laws, Downey’s judgment had lost its lien in any event.

Decree affirmed.

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Bluebook (online)

2 Watts 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downeys-appeal-pa-1834.

Opinion

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