Fraley v. Steinmetz
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a scire facias issued on 2d October, to September Term, 1852, in favor of Daniel Steinmetz v. Peter B. Fraley, on a mortgage of Fraley to Steinmetz. The seize facias was returned “ made known.” The name of counsel was marked on the record opposite to the name of Fraley, the defendant.
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Error to the District Court, Philadelphia. This was a scire facias issued on 2d October, to September Term, 1852, in favor of Daniel Steinmetz v. Peter B. Fraley, on a mortgage of Fraley to Steinmetz. The seize facias was returned “ made known.” The name of counsel was marked on the record opposite to the name of Fraley, the defendant. The scire facias was upon a mortgage dated-- —, 1850, from Fraley to Steinmetz, reciting a bond for $1000, for security of which the mortgage was given. October 22, 1852, an affidavit of defence was made by Patrick Levy, which was filed. In it was stated that…
1Opinion of the Court
The opinion of the Court was delivered, January, 1854, by
Lewis, J.
This is a scire facias on a mortgage, and we understand the affidavit of defence to state that the goods of the mortgagor, exceeding the value of the debt, have been seized and sold on an execution issued on a judgment entered on a mortgage bond. The proceeds raised by the sheriff’s sale appear, from the affidavit, to be more than the debt; the money was duly received by the sheriff, and was paid by him to the attorney in fact of the plaintiff’s attorney; and the plaintiff in error, in his affidavit, adds that “ the debt has…
2Cited by4 opinions
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- Packer v. OwensSupreme Court of Pennsylvania · 1894
- Hollenback v. Polish American Citizens, Pennsylvania Court of Common Pleas, Luzerne County1956
- Musser v. Grove, Pennsylvania Court of Common Pleas, Centre County1930