Davidson v. Thornton
Supreme Court of Pennsylvania
In error from tbe Common Pleas of Payette. Nov. 2. The question was, whether the land of Davidson, who was served with a soi. fa. as terre-tenant, was bound by the lien of a judgment. On the trial it appeared that judgment was entered in 1828 against 0. Jennings. He removed to Tennessee, where he died, in 1832. In 1833 an amicable soi. fa. to revive issued against J. R. Jennings, his executor, on which judgment was confessed.
Read the full summary
In error from tbe Common Pleas of Payette. Nov. 2. The question was, whether the land of Davidson, who was served with a soi. fa. as terre-tenant, was bound by the lien of a judgment. On the trial it appeared that judgment was entered in 1828 against 0. Jennings. He removed to Tennessee, where he died, in 1832. In 1833 an amicable soi. fa. to revive issued against J. R. Jennings, his executor, on which judgment was confessed. The same was done in 1837. It was then discovered that J. B. Jennings had never proved the will in Payette county, whereupon Beeson took out letters of administration.…
1Opinion of the CourtGibson, C. J.
That no defence can be taken to a scire facias post annum et diem, but subsequent satisfaction of it, or a denial of its existence by the plea of nul tiel record, and that under no circumstances can the original merits be overhauled, was decided in Curdesa v. Humes, 6 Serg. & Rawle, 68; and for the same reason, no exception can be taken to the validity of a judgment, sought to be revived either for the purpose of execution or of lien, if it stand in substance and in form on the record as a judgment of the court. Prom the time of Lewis v. Smith, 2 Serg. & Rawle, 142, to the present day, it has…
2Cases cited4 opinions
- Hauer's AppealSupreme Court of Pennsylvania · 1843
- Lewis v. SmithSupreme Court of Pennsylvania · 1815
- Vitry ex rel. Vitry v. DauciSupreme Court of Pennsylvania · 1831
- Pennock v. HartSupreme Court of Pennsylvania · 1822
3Cited by13 opinions
- Stevenson v. VirtueSuperior Court of Pennsylvania · 1900
- Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Smith v. Bald Hill Coal Co.Supreme Court of Pennsylvania · 1941
- Appeal of CampbellSupreme Court of Pennsylvania · 1888
8 more not listed; retrieve them via the Exa API.