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3 Pen. & W. 444

Todd v. M'Culloch

Supreme Court of Pennsylvania

Decided June 15, 1832

Supreme Court of Pennsylvania · decided 1832-06-15

This was a feigned issue in which Thomas Todd, administrator of Thomas Beale, deceased, was plaintiff; and George M’ Cxdloch was defendant, directed by the Court of Common Pleas, tp try the right to the proceeds of the sale of the real estate’ of Robert Burns, which was so,Id by the sheriff pf Mifflin co.unty.

Decided 1832-06-15

Per Curiam.

¶1This cause was tried before the determination of Betz’s Appeal, 1 Penn, Rep. 271 by which it seems to have heen established, substantially if no.t in terms, that the lien of a judgment is preserved by an execution, only as regards the land leyied. Lands are chattels for payment of debts; and the lien by which they are tp be bound for more than the fiye years without a scire facias, seems to be that which the common law attributes to fin exfecutiqn rather than the lien of the judgment. At all events, it was there determined, that a levy of goods will not prolong the lien qs to Iqnd; and an the same principle a levy of ojher land can jxave no greater effect than the levy of any other chattel. The decision of the court belpw, is therefore not supported.

¶2Judgment peyersed and a venire do. novo awarded,

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