Kean v. Ellmaker
Supreme Court of Pennsylvania
In Error. " ERROR to the Court of Common Pleas of Dauphin rnnntv county. ■ -This was a scire facias, on a recognisance in the Orphans’ Court, to recover the value of a share of an intestate s real , . . II-, _ . estate taken at the appraisement, brought m the name of Amos Ellmaker, Esquire, President of the Orphans’ Court of phin county, successor to Walter Franklin, Esquire, who was successor to John Joseph Henry, Esquire, for the use of James Alricks, against John Kean,…
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In Error. " ERROR to the Court of Common Pleas of Dauphin rnnntv county. ■ -This was a scire facias, on a recognisance in the Orphans’ Court, to recover the value of a share of an intestate s real , . . II-, _ . estate taken at the appraisement, brought m the name of Amos Ellmaker, Esquire, President of the Orphans’ Court of phin county, successor to Walter Franklin, Esquire, who was successor to John Joseph Henry, Esquire, for the use of James Alricks, against John Kean, Esquire, with notice to Daniel Reigart and Nicholas Stooyer, terre • tenants in possession of a house in Harrisburg. After…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
At,the last May Term, when this cause was before us on another point, we described the course of the proceedings between a recognisee and terre tenants defending their separate interests on a scire facias., The recognisor and the land are both debtor: the first directly an,d personally, in consequence of the contract to-pay’: the second, as a fund in the hands of whomsoever it may be ; but the recognisor is the person against whom the suit is to be brought, and until he is in Court, the cause cannot proceed for want of parties. Hence, if he…
2Cited by2 opinions
- Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831
- Hoffman v. LeeSupreme Court of Pennsylvania · 1834