Rauch v. Dech
Supreme Court of Pennsylvania
No. 149 January Term 1887, Sup. Ct.; court below, No. 1 August Term 1886, C. P. This case arose in the court below in the issuance of a scire facias quare executionem non and to revive and continue the lien of a judgment entered to No. 28 April Term 1878 in favor of John Dech v. James K. Rauch.
Read the full summary
No. 149 January Term 1887, Sup. Ct.; court below, No. 1 August Term 1886, C. P. This case arose in the court below in the issuance of a scire facias quare executionem non and to revive and continue the lien of a judgment entered to No. 28 April Term 1878 in favor of John Dech v. James K. Rauch. On May 8, 1874, said Rauch had executed a mortgage to Dech for $1,000 upon a house and lot in Bethlehem already subject to several prior encumbrances, in order as follows : A mortgage to the' Moravian Congregation, July 24,1867, for $1,612.50; another to Sarah A. Myers, October 14, 1872, for $5,000; a…
1Opinion of the Court
Opinion,
Mr. Justice Gordon :
This was a scire facias to revive the lien of a judgment obtained on a mortgage, and which lien had been discharged by a sale of the premises by a judicial sale on a previous mortgage. This sale seems to have been made by the sheriff to C. A. Luckenbach, on the 15th of June, 1878, and subsequently, June 1, 1882, the executors of Luckenbach, for a full consideration, conveyed the premises to James K. Rauch, the defendant in the present suit. The court below seemed to think that, because there had been a re-acquisition of the mortgaged property by the defendant, the…
2Cited by14 opinions
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- Stark v. MorganSupreme Court of Kansas · 1906
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- Midland Realty Co. v. HalversonMontana Supreme Court · 1935
- Bowen v. A. R. Boyd Enterprises, Inc.Supreme Court of Pennsylvania · 1937
9 more not listed; retrieve them via the Exa API.