Mitchell's Administrator v. Stewart
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Cumberland county, to which this writ of error issued, a judgment was entered by the plaintiff below, and plaintiff in error, Andrew Mitchell, against John Stewart and Samuel lleditt, the defendants below, and defendants in error, at January term, 1820, on a bond and warrant of attorney, bearing date the 27th of May, 1819, in the sum of five hundred dollars.
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IN ERROR. In the Court of Common Pleas of Cumberland county, to which this writ of error issued, a judgment was entered by the plaintiff below, and plaintiff in error, Andrew Mitchell, against John Stewart and Samuel lleditt, the defendants below, and defendants in error, at January term, 1820, on a bond and warrant of attorney, bearing date the 27th of May, 1819, in the sum of five hundred dollars. The plaintiff indorsed on the declaration, that by the condition of the bond, the defendants agreed “ that the defendants would deliver and cause to be delivered to the plaintiff, sheriff of…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
If the landlord’s application had been in time, we should entertain no doubt that there had been a breach of the condition of the bond. The sheriff had levied, and we may presume, on sufficient to produce satisfaction not only of the*exeeution, but also of the rent; and it is a fair construction of the agreement to say, that in consideration of releasing the property from the levy, the defendants below were to put him in a situation equally advantageous, by delivering him property equally productive: and whilst he remained subject to any…
2Cited by1 opinion
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