Porter v. Nelson's Exrs.
Supreme Court of Pennsylvania
ERROR, TO THE COURT OE COMMON PLEAS OE YORK COUNTY. No. 7 July Term 1888, Sup. Ct.; court below, No. 28 April Term 1886, C. P. On February 1, 1886, a scire facias was issued at the suit of William Porter, guardian of Robert McCall Nelson, for tbe use of Robert McCall Nelson, against Frances A. Nelson, executrix of Samuel P. Nelson, deceased, with notice to Johanna Nelson, Emerson Nelson, Maria Theresa Floyd and Frances A. Nelson, terre tenants, the object being to revive a…
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ERROR, TO THE COURT OE COMMON PLEAS OE YORK COUNTY. No. 7 July Term 1888, Sup. Ct.; court below, No. 28 April Term 1886, C. P. On February 1, 1886, a scire facias was issued at the suit of William Porter, guardian of Robert McCall Nelson, for tbe use of Robert McCall Nelson, against Frances A. Nelson, executrix of Samuel P. Nelson, deceased, with notice to Johanna Nelson, Emerson Nelson, Maria Theresa Floyd and Frances A. Nelson, terre tenants, the object being to revive a certain judgment hereafter referred to, and to charge the lands of the decedent devised to his widow and heirs, named in…
1Opinion of the Court
Opinion,
Mr. Justice Clark:
The bond out of which this controversy arises was executed by Samuel P. Nelson, 24 June, 1855; judgment was entered upon it in favor of William Porter, guardian, etc., 29 March, 1860; Robert McCall Nelson having arrived at the age of twenty-one years, it was assigned to him by his guardian on 15 March, 1865, and this scire facias was issued 1 February, 1886. The rule of law which presumes payment of all debts by specialty, etc., unclaimed and without recognition for twenty years plainly applies, therefore, unless the facts and circumstances established by the…
2Cases cited8 opinions
- Adams v. EdwardsSupreme Court of Pennsylvania · 1887
- Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
- Eby v. Eby's AssigneeSupreme Court of Pennsylvania · 1846
- Stephens v. CotterellSupreme Court of Pennsylvania · 1882
- Peters's AppealSupreme Court of Pennsylvania · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Corn v. WilsonSupreme Court of Pennsylvania · 1950
- Fidelity Title & Trust Co. v. ChapmanSupreme Court of Pennsylvania · 1910
- Krepps v. CarlisleSupreme Court of Pennsylvania · 1893
- Lefever's EstateSupreme Court of Pennsylvania · 1923
5 more not listed; retrieve them via the Exa API.