St. Bartholomew's Church v. Wood
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 220, to January Term 1868. This was an action of ejectment by the Rector, &c., of the Church of St. Bartholomew against James E. Wood and Edward McCann. The premises in controversy were a church and lot of ground in the Ninth Ward, Philadelphia.
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Error to the District Court of Philadelphia: No. 220, to January Term 1868. This was an action of ejectment by the Rector, &c., of the Church of St. Bartholomew against James E. Wood and Edward McCann. The premises in controversy were a church and lot of ground in the Ninth Ward, Philadelphia. The plaintiffs were incorporated December 8th 1849, and were the owners of the premises on and for some time before the 20th of May 1866, subject to three mortgages to the trustees of the estate of Joseph P. Norris, the aggregate principal of which amounted to $4260, and on which interest for about…
1Opinion of the Court
The opinion of the court was delivered, March 8th 1869, by
Agnew, J.
The nineteen assignments of error in this case need not be noticed in detail, they can be classified. The 1st, 2d, 13th, 14th, 15th and 16th, relate to the judgment on which the property was sold. A judgment entered by the prothonotary under a power contained in the instrument, is a judicial act, and by the words of the Act of 1806, has the same force and effect as a judgment confessed by an attorney or given in open court in term time: Hevete v. Rapp, 7 S. & R. 306. By long usage the same effect is attributed to the entry of…
2Cases cited4 opinions
- Cash v. TozerSupreme Court of Pennsylvania · 1841
- Baird v. LentSupreme Court of Pennsylvania · 1839
- Reed v. HametSupreme Court of Pennsylvania · 1835
- Hadden v. ClarkSupreme Court of Pennsylvania · 1853
3Cited by9 opinions
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- Kostenbader v. KueblerSupreme Court of Pennsylvania · 1901
- O'Hara v. Manley, Exr.Superior Court of Pennsylvania · 1940
- Levy v. SpitzSupreme Court of Pennsylvania · 1929
- Albright v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1902
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