Roberts v. Williams
Supreme Court of Pennsylvania
I Pi ERROR. This was a writ of error to the Court of Common Pleas of Montgomery County. Upon the return of the record, it appeared that John Williams brought a writ of alias scire facias to November Term, 1834, of that Court, against George S. Roberts, administrator of the goods, &c., of Richard Roberts, deceased, and the terre-tenants, upon a certain mortgage, given by Richard Roberts to John Williams, of certain messuages, lots and lands, situate in Upper Merion township,…
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I Pi ERROR. This was a writ of error to the Court of Common Pleas of Montgomery County. Upon the return of the record, it appeared that John Williams brought a writ of alias scire facias to November Term, 1834, of that Court, against George S. Roberts, administrator of the goods, &c., of Richard Roberts, deceased, and the terre-tenants, upon a certain mortgage, given by Richard Roberts to John Williams, of certain messuages, lots and lands, situate in Upper Merion township, Montgomery county. The sheriff returned “ Nihil, as to George S., Roberts, and made known to John Freedley, James Wells,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It sometimes happens, in our mixed jurisprudence of law and equity, that we are greatly embarrassed in affording that equitable relief to which a party may be justly entitled. The plaintiff’s case would be one of equitable cognizance; but for want of a Court of chancery, we are obliged to mould our common law forms to reach the substantial justice of the case. Richard Roberts mort*185gaged the land which is now in controversy to the .plaintiff, John Williams. The executors of Joseph Williams obtained a judgment against Richard Roberts, in his…
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- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Boyer v. SmithSupreme Court of Pennsylvania · 1836
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- Reigart v. EllmakerSupreme Court of Pennsylvania · 1820
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