11 Pa. 90 | Pa. | 1849
The opinion of this court was delivered by
The defendant takes defence on two grounds. 1st.
The plaintiff obtained judgment the 28th October, 1843. Previous to that time, viz., between the 16th June and 5th July, 1843, divers judgments were rendered in favour of different persons, which remained unpaid, to an amount which, in any event, exceeded the money due from Coder to Oyer. On the last judgment, Allen Wilson & Co. issued an alias vend, exponas to January term, 1848, on which the interest of Oyer was seized and sold by the sheriff for $1,000, and a deed duly acknowledged. This fund was appropriated by an auditor, as far as it would reach, to the payment of the judgments which were liens on the interest of Oyer. When the vendor of land retains the legal title for the security of unpaid purchase-money, a judgment against him is a lien not only on the naked legal title, but also attaches on the money remaining due and unpaid, whether secured by bond or otherwise. This has been repeatedly ruled; and, from this, it follows, that, the judgments being liens on the money due from Coder to Oyer, the liens cannot be disturbed or affected by an attachment subsequently issued on a judgment subsequently rendered; for, if it could, the effect would
Judgment affirmed.