Morrison's Administrator v. Mullin
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Bedford county. This was an action of assumpsit by George Mullin, late sheriff of Bedford county, against Joseph S. Morrison, on a refunding receipt for $1400, dated the 12th April 1823. The defendant died pending the suit, and Job Mann, his administrator, was substituted as a party, who pleaded non assumpsit, the statute of limitations, and payment with leave, &c.
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Error to tbe Common Pleas of Bedford county. This was an action of assumpsit by George Mullin, late sheriff of Bedford county, against Joseph S. Morrison, on a refunding receipt for $1400, dated the 12th April 1823. The defendant died pending the suit, and Job Mann, his administrator, was substituted as a party, who pleaded non assumpsit, the statute of limitations, and payment with leave, &c. In 1818, Frederick Byers was the owner of two tracts of land' in Bedford county, one of them known as the “Napier property,” and the other as the “ Snake Springs property.” And on the 8th January 1823,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
1. It is somewhat surprising that the jury did not find for the plaintiff in error on the first point of the defend-
ant under the instructions, as the proof seems clear of any reasonable doubt, that the plaintiff below had actually been •credited in the suit of Byers’s executor against himself, the amount of the judgment, the payment of which he now seeks to recover from the estate, of Morrison. . The judgment turned out to be a lien on the land purchased by Mullin from Byers, and was, by assignment, payable to Morrison. The evidence showed…
2Cited by11 opinions
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- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Dean v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1938
- Bristow v. LangeSupreme Court of Iowa · 1936
- Gardner' EstateSupreme Court of Pennsylvania · 1910
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