1 Watts 397 | Pa. | 1833
The opinion of the Court was delivered by
It is notorious, that the liberal construction which the courts gave to the act of 1798, in Young v. Taylor, 2 Binn. 218 ; Pennock v. Hart, 8 Serg. & Rawle 369 ; and The Commonwealth for the use of Pennock's Executors v. M’Kerper, 13 Serg. & Rawle 144 ; was the principal cause which gave rise to the supplement, passed the 20th of March 1827. In language which it is difficult to misapprehend, the legislature have made .a scire facias necessary, in all cases where such awrit can issue. We have only to inquire, whether
It would be useless to decide the effect of Meek’s discharge, for that cannot alter the disposition of the proceeds of the sale, however it may affect the vendee of the sheriff. The purchaser has paid for the interest Meek had in the land, whatever that may be, and the money having been brought into court, must be applied in the order of time of the liens existing upon the interest, whether real or supposed, according to their priority. It would be improper in this stage of the proceeding to inquire into the title of Meek. That is a question which must be decided in a suit between the trustees and the purchaser. Here it is of no consequence, whether the title is good or bad ; it is sufficient that the land was sold as the property of Meek. Jacob Meek having died, it is estopped to deny, that he had such an interest as was subject to the lien of judgments in the order of time. The property was seized, condemned and sold as the property of Henry Meek; and as such, the proceeds must be distributed among the creditors, without regard to his title.
Judgment affirmed.