Mevey's Appeal
Supreme Court of Pennsylvania
Sept. 23. This was an appeal by Benjamin A. Mevey, from the decree of the District Court of Alleghany county, made on a rule to show cause, why a writ of levari facias, issued at the suit of Hugh Davis, for the use of Charles Rowan, now for the use of Benjamin A. Mevey, the appellant, against Thomas Miller, on a judgment confessed under a scire facias on a mortgage, should not be set aside, so far as the same affected three acres of land, a portion of the mortgaged premises…
Read the full summary
Sept. 23. This was an appeal by Benjamin A. Mevey, from the decree of the District Court of Alleghany county, made on a rule to show cause, why a writ of levari facias, issued at the suit of Hugh Davis, for the use of Charles Rowan, now for the use of Benjamin A. Mevey, the appellant, against Thomas Miller, on a judgment confessed under a scire facias on a mortgage, should not be set aside, so far as the same affected three acres of land, a portion of the mortgaged premises claimed by C. S. Bradford. The court made the rule absolute, and ordered as follows: “ That the execution be stayed, as…
1Opinion of the Court
Rogers, J;
Judgment affirmed for the reásons given '• by Judge Grier.(a)
o.) A similar order was made in the District Court of Philadelphia in Winberg v» Reiff, December Term, 1844, No. 58, which was a sri.fa, on a mortgage and execution issued, under which lots Ños, 1 and 2 were sold by the sheriff. Swarthy filed an affidavit stating that the mortgage in suit was the first incumbrance given by Rciff, who was the owner of both lots. That he subsequently, while owner of Nos. 1 and 3r sold No. 1 to Springer, and agreed with the purchaser that No.. 2 should pay the mortgage to plaintiff. Springer…
2Cited by9 opinions
- Federal Land Bank of Balto. v. KingSupreme Court of Pennsylvania · 1928
- Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893
- Packer v. OwensSupreme Court of Pennsylvania · 1894
- Turner ex rel. Hartman v. FlennikenSupreme Court of Pennsylvania · 1894
- Citizens National Bank v. Trustees of Middletown AcademyCourt of Chancery of Delaware · 1886
4 more not listed; retrieve them via the Exa API.