Arna's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Delaware county: To January Term 1870. Charles Taylor, assignee of George Cookman, holder of a mortgage for $10,000, executed’ by John W. Lindsay, dated April 3d 1858, recovered judgment, September 29th J869, upon a sci. fa. issued on said mortgage, in the Common Pleas of Delaware county, against Lindsay, with notice to terre-tenants. The realty mortgaged was a tract of land of 142 acres.
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Appeal from the decree of the Court of Common Pleas of Delaware county: To January Term 1870. Charles Taylor, assignee of George Cookman, holder of a mortgage for $10,000, executed’ by John W. Lindsay, dated April 3d 1858, recovered judgment, September 29th J869, upon a sci. fa. issued on said mortgage, in the Common Pleas of Delaware county, against Lindsay, with notice to terre-tenants. The realty mortgaged was a tract of land of 142 acres. After the execution and the • recording of the mortgage and before the recovery of the judgment thereon, Lindsay, by deed duly executed and recorded,…
1Opinion of the CourtSharswood, J.
Whether an order of the Court of Common Pleas controlling an execution under the 9th section of the Act of Assembly of April 22d 1856, Pamph. L. 584, which engrafts a statutory remedy on a common-law proceeding, can be reviewed on appeal is a question which need not be decided on this motion. See Commonwealth v. Beaumont, 4 Rawle 366; Harger v. Commissioners, 2 Jones 251; Hanover Turnpike Co. v. Craighead, 5 Barr 470; Springers. Springer, 7 Wright 518. We are of the opinion that on the face of this record the appellant has no standing in court to remove the case by certiorari or appeal.
The…
2Cases cited1 opinion
- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Collegeville Borough v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1954
- Oteri AppealSupreme Court of Pennsylvania · 1953
- Derry Township School District v. Barnett Coal Co.Supreme Court of Pennsylvania · 1938
- Kane v. MorrisonSupreme Court of Pennsylvania · 1945
- Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893
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