Dent v. Ross

Decided July 1, 1860

Supreme Court of Pennsylvania · decided 1860-07-01

On the 17th June 1857, a judgment was entered in the court below, in favour of Sobieski Ross against Norman H. Rogers, for $225.39, on which a fieri facias was issued, by virtue of which a tract of 50 acres of land was levied on and extended. And on the 24th June 1859, Henry H. Dent, the owner of the premises, subject to the lien of the judgment, intervened, and obtained a rule to show cause why the plaintiff should not be restrained from proceeding against his land.

Decided 1860-07-01

¶1The opinion of the court was delivered by

Lowrie, C. J.

¶2We do not discover anything in the evidence in this case, that binds the conscience of Ross to abstain from enforcing his judgment against the land conveyed by Rogers to Dent; and with this remark we dispose of the merits of the case.

¶3We have another remark to make on the form of the proceeding. If Dent had a right to restrain Ross from proceeding against the land purchased from Ross’s debtor, Rogers, it was .right to adopt the equity form for restraining him; but then it ought to have been by a separate suit, and hot by intervening in the original case wherein he was no party.. This is quite anomalous, and is an example that ought not to be followed.

¶4The discharge of the rule obtained by Henry H. Dent is affirmed, and his petition is dismissed, at his costs.