Lanahan v. Latrobe

Tück, J., delivered the opinion of this court. It is impossible to pass a decree in this case, with any degree of certainty as to its effect upon the rights of the parties, in consequence of the imperfect condition of the record. The appeal appears to have been taken from an order, passed in the consolidated cases of Pasquay vs. Latrobe, and Latrobe vs. Lanahan, et al., both of them involving the validity of the deed of trust from Lefferman to Latrobe. But we do not find in the record before us, any part of the proceedings on the bill filed by Pasquay : nor is there any thing either of exhibit, averment or proof, from which we can ascertain at what time the writs of ji. fa., relied on by Lanahan, and which Latrobe seeks to enjoin, were delivered to the officer to be executed.

The decree in effect vacates the deed to Pasquay and others, by directing an audit in disregard of its provisions'. As they have not appealed we cannot reverse the decree, if there be error, for their benefit; and whether Lanahan has any ground of complaint must depend, in part at least, upon his having-been a creditor of Lefferman at the date of Pasquay’s deed. The time of this indebtedness does not certainly appear any where, though from the auditor’s account, one of the debts bears interest before September 1851, but this is not proof of his claim. Besides, if he relies on this account, we might be required to say that he has, by participating in