Paul v. Grimm
Supreme Court of Pennsylvania
Appeal, No. 8, Oct. T., 1897, by defendants; from judgment of C. P. Westmoreland Co., Aug. Term, 1895, No. 883, on verdict for plaintiffs. Scire facias sur judgment to charge real estate.
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Appeal, No. 8, Oct. T., 1897, by defendants; from judgment of C. P. Westmoreland Co., Aug. Term, 1895, No. 883, on verdict for plaintiffs. Scire facias sur judgment to charge real estate. The facts appear in 165 Pa. 189. At the trial, when P. K. Carnahan was on the stand, the following offer was made: We propose to show by the witness, P. K. Carnahan, and others that the coal conveyed by James L. Thompson was never in fact reasonably worth the sum of $40.00 per acre; that there was no market for the coal at any time until the sale was made to the Westmoreland County Coal & Coke Company; that…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Upon the trial of a scire facias to charge the land in the possession of the heirs of a decedent with a debt for which judgment has been obtained against the administrator, the defendants may make any defense which it would have been competent for them to have made in the original action if they had been parties thereto. The judgment, while conclusive as to the personal estate, as to the real estate is prima facie evidence only, and the plaintiffs’ claim is open to contest on original grounds. This rule is founded on the construction given to section 34 of the act…
2Cases cited2 opinions
- Paul v. GrimmSupreme Court of Pennsylvania · 1895
- Sergeant's Heirs v. EwingSupreme Court of Pennsylvania · 1860
3Cited by3 opinions
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Stewart v. Pen Argyl National BankSupreme Court of Pennsylvania · 1932
- Messmore ex rel. Messmore v. WilliamsonSupreme Court of Pennsylvania · 1899