Ebright v. Bank
Supreme Court of Pennsylvania
APPEAL from the decree of the court of common pleas of Dauphin county, distributing the proceeds raised by a sheriff’s sale of the real estate of Henry Meek. The money was claimed by Jacob Meek on the judgment of Jacob Ebrights administrators, against Henry Meek and Jacob Meek, which Jacob, who was the surety-of Henry, had paid, and the court had ordered it to be marked for his use.
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APPEAL from the decree of the court of common pleas of Dauphin county, distributing the proceeds raised by a sheriff’s sale of the real estate of Henry Meek. The money was claimed by Jacob Meek on the judgment of Jacob Ebrights administrators, against Henry Meek and Jacob Meek, which Jacob, who was the surety-of Henry, had paid, and the court had ordered it to be marked for his use. The judgment was entered on the 25th of June, wilh a stay of execution to the 1st of December 1817; a, fieri facias issued upon it to February term 1818, which was levied on the land which was afterwards sold. A…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It is notorious, that the liberal construction which the courts gave to the act of 1798, in Young v. Taylor, 2 Binn. 218 ; Pennock v. Hart, 8 Serg. & Rawle 369 ; and The Commonwealth for the use of Pennock's Executors v. M’Kerper, 13 Serg. & Rawle 144 ; was the principal cause which gave rise to the supplement, passed the 20th of March 1827. In language which it is difficult to misapprehend, the legislature have made .a scire facias necessary, in all cases where such awrit can issue. We have only to inquire, whether *399a scire facias may have…
2Cases cited3 opinions
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Pennock v. HartSupreme Court of Pennsylvania · 1822
- Commonwealth ex rel. Pennock's Executors v. M'KissonSupreme Court of Pennsylvania · 1824
3Cited by2 opinions
- Shearer v. BrinleySupreme Court of Pennsylvania · 1874
- Bell v. IngramSupreme Court of Pennsylvania · 1846