Pepper v. Copeland

Philadelphia County Court of Common Pleas

Pepper v. Copeland

2 Miles 419

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedSeptember 8, 1840

StatusPublished

This text of 2 Miles 419 (Pepper v. Copeland) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pepper v. Copeland, 2 Miles 419 (Pa. Super. Ct. 1840).

Pincite

Opinion

Per Curiam.—

Copeland, the defendant, ceased to have any interest in the land on his discharge under the insolvent law's. The 45th section of the act of 16th June, 1836, allowing a defendant to waive an inquisition, provides that to enable him to do this, he must at the time of the issuing of the execution be the owner of the real estate. The agreement was void, and Pennock, who is a judgment creditor, having a lien on the land is entitled to have the proceedings set aside. No question is presented as to what the rights of a purchaser on a sale under such proceedings would be.

Rule absolute.

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Per Curiam.—

Copeland, the defendant, ceased to have any interest in the land on his discharge under the insolvent law's. The 45th section of the act of 16th June, 1836, allowing a defendant to waive an inquisition, provides that to enable him to do this, he must at the time of the issuing of the execution be the owner of the real estate. The agreement was void, and Pennock, who is a judgment creditor, having a lien on the land is entitled to have the proceedings set aside. No question is presented as to what the rights of a purchaser on a sale under such proceedings would be.

Rule absolute.

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Bluebook (online)

2 Miles 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pepper-v-copeland-pactcomplphilad-1840.