Rhoads v. Reed
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term 1879, No. 159. Scire facias sur mortgage issued by Henry Reed against Isaac Rhoads. The prsecipe for the writ of scire facias was filed on the 9th of May 1877, wherein reference was made to the record of the mortgage by book and page.
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Error to the Court of Common Pleas of Schuylkill county: Of January Term 1879, No. 159. Scire facias sur mortgage issued by Henry Reed against Isaac Rhoads. The prsecipe for the writ of scire facias was filed on the 9th of May 1877, wherein reference was made to the record of the mortgage by book and page. The mortgage, which was dated August 15th 1868, set forth that said Rhoads “ by a certain obligation or writing obligatory, under his hand and seal duly executed] bearing even date herewith, stands bound unto the said Ilenry Reed in the sum of $6000, conditioned for the payment of the just…
1Opinion of the Court
The judgment of the Supreme Court was entered March 31st 1879,
2Per curiam
The praecipe for the scire facias on the mortgage referred to the record which gave the defendant all necessary information, as the Act of the 14th of April 1851, Pamph. L. 625, did not require a copy of the mortgage to be filed. Besides, the scire facias set out the mortgage, reciting a bond conditioned for the payment of $3000, which in law means forthwith, and the scire facias issued ten years from the date of the mortgage. If the mortgage was not due and ripe for a scire facias, it was for the defendant to aver it in an…
3Cited by3 opinions
- Messmore v. MorrisonSupreme Court of Pennsylvania · 1896
- Harrison v. AtleeSuperior Court of Pennsylvania · 1909
- Rhone v. Keystone Coal Co.Supreme Court of Pennsylvania · 1915