Bank of North America v. Fitzsimons
Supreme Court of Pennsylvania
rTpjjjs cause came before the court upon a case which ¡J 1 -*>- stated as follows: A judgment not revived by scire facias within 'five years from its date, ceases upon real estate, as well against fudgrnentcreditors,as against ciiasere.0111 Pm" At September term 1797, judgment was entered in this court at the suit of Samuel and William Hibbert against Tho~ mas Fitzshnóns as special bail of George Green; but no scire facias ever issued to revive the saidjudgment.
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rTpjjjs cause came before the court upon a case which ¡J 1 -*>- stated as follows: A judgment not revived by scire facias within 'five years from its date, ceases upon real estate, as well against fudgrnentcreditors,as against ciiasere.0111 Pm" At September term 1797, judgment was entered in this court at the suit of Samuel and William Hibbert against Tho~ mas Fitzshnóns as special bail of George Green; but no scire facias ever issued to revive the saidjudgment. A scire facias issued out of the same court returnable to September term 1804, at the suit of the President, Directors and Company…
1Opinion of the Court
On this day the judges delivered their opinions, as follows:
Tilghman C. J.
The money brought into court in this case, is claimed by three different parties; by Samuel and William Hibbert, by the Bank of North America, and by William, Lezvis executor of Benjamin Fuller deceased. But the question submitted to the court is, whether the Hibberts are intitled to the payment of their debt. The Bank and the executor of Fuller do not wishtohave itdecided which *356of them is intitled to the preference. It will be sufficient, therefore, to consider, how the case stands between the Hibberts, and the…
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