Girard v. Heyl

Supreme Court of Pennsylvania

Girard v. Heyl

6 Binn. 253, 1814 Pa. LEXIS 7

DecidedMarch 30, 1814

StatusPublished

This text of 6 Binn. 253 (Girard v. Heyl) 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

Girard v. Heyl, 6 Binn. 253, 1814 Pa. LEXIS 7 (Pa. 1814).

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Opinion

Per. Curiam.

The act is toó clear for a doubt. The defendant says he can prove the estate is worth six thousand dollars. How can he prove that if a levari facias should issue, and it should be sold by the sheriff, it would bring half the money? Both the words of the law and its spirit are against the privilege in this case; the words, because the defendant has no freehold clear of incumbrances; the spirit, because it did not intend that the plaintiff’s judgment should be exposed to defeat by sale under a prior incumbrance.

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Per. Curiam.

The act is toó clear for a doubt. The defendant says he can prove the estate is worth six thousand dollars. How can he prove that if a levari facias should issue, and it should be sold by the sheriff, it would bring half the money? Both the words of the law and its spirit are against the privilege in this case; the words, because the defendant has no freehold clear of incumbrances; the spirit, because it did not intend that the plaintiff’s judgment should be exposed to defeat by sale under a prior incumbrance.

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Bluebook (online)

6 Binn. 253, 1814 Pa. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/girard-v-heyl-pa-1814.