Murray v. Weigle
Supreme Court of Pennsylvania
HERON TO THE COUNT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 26 October Term 1887, Sup. Ct.; court below, No. 228 October Term 1885, C. P. No. 2. This was an ejectment instituted by Frederick Weigle, Priscilla J. Burlip and George Burlip, her husband, Laura Rector and Martin Rector, her husband, and Catharine Stevenson, against Thomas Murray and William Richards, to recover a lot of ground on Taust street, Pittsburgh.
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HERON TO THE COUNT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 26 October Term 1887, Sup. Ct.; court below, No. 228 October Term 1885, C. P. No. 2. This was an ejectment instituted by Frederick Weigle, Priscilla J. Burlip and George Burlip, her husband, Laura Rector and Martin Rector, her husband, and Catharine Stevenson, against Thomas Murray and William Richards, to recover a lot of ground on Taust street, Pittsburgh. At the trial, on November 10, 1886, a discontinuance was allowed as to Catharine Stevenson, one of the plaintiffs, when the following facts appeared: Henry Weigle died…
1Opinion of the Court
Opinion,
Me. Justice Paxson:
W e think it was error to admit the evidence referred to in the first specification. The judgment upon the scire facias was taken upon two returns of “nihil.” That this is the equivalent of a return of scire feci to a scire facias upon a. *164mortgage is settled by Hartman v. Ogborn, 54 Pa. 120; Tryon v. Munson, 77 Pa. 250. And this is so even if the mortgagor be dead at the time the writ issues: Warder v. Tainter, 4 W. 270.
The second assignment alleges that the court below erred in entering judgment for the plaintiffs upon the verdict.
This was an ejectment brought by…
2Cases cited4 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Hartman v. OgbornSupreme Court of Pennsylvania · 1867
- Morgan's AppealSupreme Court of Pennsylvania · 1885
- Nixon v. McCrorySupreme Court of Pennsylvania · 1882
3Cited by15 opinions
- Herbert v. Federal National Mortgage Ass'n (In Re Herbert)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Matter of SkellyDistrict Court, D. Delaware · 1984
- Stendardo v. Federal National Mortgage Ass'nCourt of Appeals for the Third Circuit · 1993
- Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- In Re Stendardo, StendardoCourt of Appeals for the Third Circuit · 1993
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