13 Pa. 476 | Pa. | 1850
The opinion of the court was delivered by
If any thing is settled by reason and authority, it is that a judgment creditor is not entitled to the protection of a purchaser of the legal title against an equitable owner or his creditors, or to any advantage which his debtor had not. Throughout a series of decisions, from Finch vs. Winchelsea, 1 P. W. 277, to Ludwig vs. Highley, 5 Barr 132, the law has been so held in England and Pennsylvania. The reason given for it, more explicitly in Brace vs. the Duchess of Marlborough, 2 P. W. 49, than elsewhere, and relied on in Cover vs. Black, 1 Barr 494, that lien is an incident but not the object of judgment, is practically as well as theoretically true. Doubtless a dealer on credit is influenced by the magnitude of the debtor’s visible means of payment; but it follows not that he trusts particularly to the land, for there often is none; nor is it usual, where a mortgage is not taken for a loan, to search the office for incumbrances, or in
Decree affirmed.
Coulter, J. dissented.