Legal Opinion

Zerns v. Watson ex rel. Sitzer

Supreme Court of Pennsylvania

Decided July 15, 1849PublishedCited by 5 opinions

Error to the Common Pleas of Union. July 26. This was a scire facias to revive a judgment against a terre-tenant, in which John C. Watson, for the use of David Stitzer, was plaintiff, and Samuel Zerns, the terre-tenant, was defendant. The facts were these:— On the 9th September, 1842, one Henry Roush entered into articles of agreement with Zerns to sell to him a certain tract of land.

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Error to the Common Pleas of Union. July 26. This was a scire facias to revive a judgment against a terre-tenant, in which John C. Watson, for the use of David Stitzer, was plaintiff, and Samuel Zerns, the terre-tenant, was defendant. The facts were these:— On the 9th September, 1842, one Henry Roush entered into articles of agreement with Zerns to sell to him a certain tract of land. On the 14th January, 1848, Watson obtained a judgment against Roush and David Stitzer, who was security of Roush, by confession, in the penal sum of $3,000, to indemnify Watson against certain encumbrances, not…

1Opinion of the Court

The opinion of this court was delivered by

Bell, J.

Certainly the original judgment recovered by Wat*262son against Roush and Stitzer, bound the legal estate of the former in the land he had covenanted to convey to Zerns, to the extent of the unpaid purchase-money, for the payment of which the legal title was retained as security. The lien of the judgment might, therefore, have been revived against Zerns as terre-tenant, any time within five years from its rendition. But it was not so revived. On the contrary, the first scire facias was issued against the original defendants alone, without notice…

2Cases cited2 opinions

  1. Fursht v. OverdeerSupreme Court of Pennsylvania · 1842
  2. Collingwood v. CarsonSupreme Court of Pennsylvania · 1841

3Cited by5 opinions

  1. First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
  2. Le Bar, to Use v. PattersonSuperior Court of Pennsylvania · 1936
  3. Simmons v. SimmonsSuperior Court of Pennsylvania · 1942
  4. Corn v. Brigham, Pennsylvania Court of Common Pleas, Beaver County1946
  5. Klein v. Anderson, Pennsylvania Court of Common Pleas, Beaver County1940

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