M'Millan v. Red
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Armstrong county. This was an action of ejectment by Thomas R. M’Millan against Patrick Red, to recover a tract of land.
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ERROR to the Common Pleas of Armstrong county. This was an action of ejectment by Thomas R. M’Millan against Patrick Red, to recover a tract of land. The plaintiff gave in evidence a patent for the land to Daniel Red, a judgment against him in Butler county, at the suit of Robert Hazlip, to January term 1825. 16th of October 1837, the death of the defendant was suggested, and a writ of scire facias issued, Robert Hazlip against James Red, administrator of Daniel Red, deceased, returned “ nihil”; alias scire facias, to December term 1837, returned “ nihil,” and a judgment was entered by…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— The 34th section of the Act of the 24th of February 1834, enacts, that “ in all actions against the executors or administrators of a decedent, who shall have left real estate, where the plaintiff intends to charge such real estate with the payment of his debts, the widow and heirs, or devisees, and the guardians of such as are minors, shall be made parties.” Does this section extend to a scire facias on a judgment rendered in the lifetime of the deceased, so as to require notice to the heirs, &c., or to original suits, such as actions on…
2Cases cited2 opinions
- Chambers v. CarsonSupreme Court of Pennsylvania · 1837
- Leiper v. LevisSupreme Court of Pennsylvania · 1827
3Cited by6 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Taylor v. YoungSupreme Court of Pennsylvania · 1872
- Groyer v. BoonSupreme Court of Pennsylvania · 1889
- Shearer v. BrinleySupreme Court of Pennsylvania · 1874
- Specht v. SipeSuperior Court of Pennsylvania · 1900
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