Legal Opinion

Stackpole v. Glassford

Supreme Court of Pennsylvania

Decided June 20, 1827PublishedCited by 2 opinions

On the return of the record of this ejectment from the court of Common Pleas of Mifflin county, the material facts appeared to be these: To November'Yevm, 1807, the administrators of James Stackpole issued a scire facias upon a mortgage against the administrators of John Allen, At August Term, 1811, the following entry was made upon the record: Judgment for sum due. By the court.

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On the return of the record of this ejectment from the court of Common Pleas of Mifflin county, the material facts appeared to be these: To November'Yevm, 1807, the administrators of James Stackpole issued a scire facias upon a mortgage against the administrators of John Allen, At August Term, 1811, the following entry was made upon the record: Judgment for sum due. By the court. To January Term, 1S16, a scire facias post annum et diem is-. sued, to which the sheriff returned tarde venit. An alias scire facias, returnable to April Term, 1816, then issued, which recited, that the…

1Opinion of the Court

The opinion of the, court was delivered by

Rogers, J.

I agree with'the learned judge who tried this cause, that the plaintiffs have neither proceeded regularly, nor legally. The judgment upon the scire facias, (sur mortgage) does not ascertain the amount claimed by the plaintiffs being merely a judgment for the sum due. The scit'e facias quare executio non, recites that two hundred and fifty-five pounds, ten shillings, and ten and a-half pence have been recovered, and demands execution for that sum. The defendants, instead of pleading nul tiel record, plead payment with leave, &c., on which…

2Cited by2 opinions

  1. Berger v. HiesterSupreme Court of Pennsylvania · 1841
  2. Tower's AppropriationSupreme Court of Pennsylvania · 1845

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