Moore v. Harrisburg Bank
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland county. The Harrisburg Bank, for the use of James Bredin’s creditors, against John D. Mahon, with notice to John Moore and William Moore, terre tenants. Scire facias post annum et diem to revive a judgment, with notice to the terre tenants, who appeared and pleaded that they held no land hound by the lien of the original judgment; to which the plaintiffs replied, that they did hold lands bound. Issue.
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ERROR to the common pleas of Cumberland county. The Harrisburg Bank, for the use of James Bredin’s creditors, against John D. Mahon, with notice to John Moore and William Moore, terre tenants. Scire facias post annum et diem to revive a judgment, with notice to the terre tenants, who appeared and pleaded that they held no land hound by the lien of the original judgment; to which the plaintiffs replied, that they did hold lands bound. Issue. The plaintiffs gave in evidence a judgment of the Harrisburg Bank v. John D. Mahon, for 3000 dollars, entered ISth of April 1831. Scire facias upon it to…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Being of opinion that the court below erred in their direction to the jury on the question of merger, raised in this case; and that a correction thereof, in this particular, will dispose of and determine the whole matter in controversy, between the parties, in favor of the plaintiffs in error, John and William Moore, it is, therefore, rendered unnecessary to notice or to pass upon the other matters assigned for error.
The agreement for the purchase of the lands in question, by John Moore, of John D. Mahon, appears to have been entered into on…
2Cases cited1 opinion
- Helmbold v. ManSupreme Court of Pennsylvania · 1839
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- Weir v. Potter Title & Mortgage Guarantee Co.Supreme Court of Pennsylvania · 1936
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