Porter v. Hitchcock
Supreme Court of Pennsylvania
October 20th 1881. Before Sharswood, O. J., Meroor, Gordon, Paxson, Sterrett,' and Green, JJ. Trunket, J., absent. Error to the Court of Common Pleas of Erie county : Of October and November Term 1881, No. 221. Alias sci. fa. to revive judgment, by C. A. Hitchcock to use etc., against Philo Huntley, with notice to Sarah Porter, terre-tenant.
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October 20th 1881. Before Sharswood, O. J., Meroor, Gordon, Paxson, Sterrett,' and Green, JJ. Trunket, J., absent. Error to the Court of Common Pleas of Erie county : Of October and November Term 1881, No. 221. Alias sci. fa. to revive judgment, by C. A. Hitchcock to use etc., against Philo Huntley, with notice to Sarah Porter, terre-tenant. From the records of the court and from the affidavit of defence filed by Sarah Porter, the following facts appeared:— On October 6th 1875, Philo Huntley, being the owner of a certain house and lot, gave a judgment note to C. A. Hitchcock for $400, on…
1Opinion of the CourtJustice Gordon
When Sarah Porter, the terre-tenant, bought the Huntley property, it was charged with the lien of the plaintiff’s judgment, which was entered on October 8th 1875. On November 23d 1877, a scire facias was issued on this judgment, which was served on Huntley but not on the terre-tenant. On this scire facias there was a judgment entered against Huntley on June 13th 1879, and was followed by an alias scire facias which was served on the defendant April 9th 1881, within five years from the date of the issuing of the original scire facias. The learned judge of the court below thought this was in…
2Cases cited2 opinions
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- Wetmore v. WetmoreSupreme Court of Pennsylvania · 1893
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- Corn v. Brigham, Pennsylvania Court of Common Pleas, Beaver County1946
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