Pepper v. Copeland

Pennsylvania Court of Common Pleas, Philadelphia County

Decided September 8, 1840

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1840-09-08

IN this case, in which George Pepper was the plaintiff and Samuel Copeland was the defendant, a rule to show cause why the agreement of defendant for a condemnation and venditioni exponas should not be set aside, was granted. The defendant was discharged under the insolvent laws, by the Court of Common Pleas of Philadelphia county, on the 29th January, 1839. This action, Pepper v. Copeland, was brought to September term, 1839, No. 753, and a judgment obtained for $6437 61.

Decided 1840-09-08

Per Curiam.—

¶1Copeland, 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.

¶2Rule absolute.