Reed & Foster's Appeal
Supreme Court of Pennsylvania
From the Common Pleas of Westmoreland. Oct. 19. In 1845 the real estate of McYey was sold by the sheriff, and the question in the cause arose on the distribution of the proceeds. In 1834-5, several judgments had been obtained against McYey. In 1838 seven of these judgments, some of which had been obtained by Welty, and some by third persons to his use, were revived by an amicable scire facias, in which Welty was plaintiff.
Read the full summary
From the Common Pleas of Westmoreland. Oct. 19. In 1845 the real estate of McYey was sold by the sheriff, and the question in the cause arose on the distribution of the proceeds. In 1834-5, several judgments had been obtained against McYey. In 1838 seven of these judgments, some of which had been obtained by Welty, and some by third persons to his use, were revived by an amicable scire facias, in which Welty was plaintiff. The agreement for the entry of the revived judgment was signed by defendant alone, and referred to the original judgments by their terms and numbers; and judgment of…
1Opinion of the CourtBurnside, J.
The real estate of Daniel McYey having been sold by the sheriff, and the money brought into court for distribution, it was referred to an auditor, who reported the state of the liens. Exceptions were filed to the report.
1st. That the amicable revival and consolidation of the judgments of Henry Welty are not sufficient, under the act of 1827, to continue the liens of the judgments consolidated. There were other minor exceptions that have not been urged in this court, and are of little moment. The Common Pleas overruled the exceptions. Reed and Poster, who had judgments entered against McYey…
2Cases cited4 opinions
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
- Ramsey v. FlemingSupreme Court of Pennsylvania · 1828
- M'Cleary's AppealSupreme Court of Pennsylvania · 1841
- Lesher v. GillinghamSupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- ISN Bank v. RajaratnamSuperior Court of Pennsylvania · 2013
- ISN Bank v. Rajaratnam, Pennsylvania Court of Common Pleas, Philadelphia County2013