Rowe v. Ream
Supreme Court of Pennsylvania
Error to the Court of Common Ideas of Berks county: Of January Term, 1884, No. 31. This was an action of scire facias sur mortgage, by Abiram Ream, plaintiff, against Henry Bennethum, defendant, with notice to Henry Spiece, terre tenant, and Rebecca Rowe, tenant in possession. Rebecca Rowe alone made defence.
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Error to the Court of Common Ideas of Berks county: Of January Term, 1884, No. 31. This was an action of scire facias sur mortgage, by Abiram Ream, plaintiff, against Henry Bennethum, defendant, with notice to Henry Spiece, terre tenant, and Rebecca Rowe, tenant in possession. Rebecca Rowe alone made defence. On the trial, before Sassastax, J., title to the premises in question was admitted to have been in Andrew Davis on May 21, 1870. The plaintiff put in evidence a deed of that date from Andrew Davis and wife to Henry Bennethum, in fee simple, and the mortgage in suit given by Bennethum to…
1Opinion of the CourtJustice Sterrett
In passing on the question involved in the assignments of error, we must assume that the defendant below was prepared to prove all the material allegations contained in the offers of *545evidence that were rejected by the court. If the proposed testimony was relevant, and would have tended to establish a defence to the scire facias, it should have been received. After the plaintiff had made a prima facie case by introducing the mortgage on which the writ issued, the defendant, Mrs. Rowe, proposed to prove, in substance, that in 1870 she bought and paid for the lot described in the mortgage, and…
2Cases cited4 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- M'Culloch v. CowherSupreme Court of Pennsylvania · 1843
- Sailor v. HertzogSupreme Court of Pennsylvania · 1839
- Caines v. Lessee of GrantSupreme Court of Pennsylvania · 1812
3Cited by14 opinions
- Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
- Stonecipher v. KeaneSupreme Court of Pennsylvania · 1920
- Fowler v. Rauso (In Re Fowler)United States Bankruptcy Court, E.D. Pennsylvania · 2010
- White v. PattersonSupreme Court of Pennsylvania · 1891
- Anderson v. BrinserSupreme Court of Pennsylvania · 1889
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