Tyrone & Clearfield Railway Co. v. Jones
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Centre county: Of May Term 1875, No. 9. This was a scire facias, issued February 20th 1871, by John Jones against the Tyrone and Clearfield Railroad Company, with notice to the Tyrone and Clearfield Railway Company, claiming to own the real estate and franchises late of said defendants, and also with notice to the Pennsylvania. Railroad Company, claiming to hold and occupy the same by lease or otherwise.
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Error to the Court of Common Pleas of Centre county: Of May Term 1875, No. 9. This was a scire facias, issued February 20th 1871, by John Jones against the Tyrone and Clearfield Railroad Company, with notice to the Tyrone and Clearfield Railway Company, claiming to own the real estate and franchises late of said defendants, and also with notice to the Pennsylvania. Railroad Company, claiming to hold and occupy the same by lease or otherwise. The writ was served on the terre-tenants, but not on the defendants. The writ recited, that on the 26th of January 1870, the plaintiff had recovered…
1Opinion of the Court 1
Judgment was entered in the Supreme Court, May 24th 1875,
2Per curiam
Under the resolution of 1843, the mortgage in this case was invalid to affect the debt of the plaintiff. The Act of 1857, authorizing the company to mortgage its road, franchises and property, conferred an authority upon the railroad 'Company to execute the mortgage, but was not a repeal of the protection the resolution of 1843 gave to debts for the construction of the road. The Act of 1862 furnished a remedy to make this protection effectual. The form of the scire facias is not .directed by the act. The form adopted was therefore not…
Also in this document: Opinion of the Court · Strong.
3Cited by2 opinions
- Fidelity Ins., T. & S. D. Co. v. West. Penn. & S. C. R.Supreme Court of Pennsylvania · 1888
- Buckby v. SturtevantSuperior Court of Pennsylvania · 1905