Kinports v. Boynton
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY. No. 53 January Term 1888, Sup. Ct.; court below. No. 54 September Term 1882, C. P. On June 16, 1882, an alias writ of scire facias was issued to revive a judgment, No. 485 September Term 1876, in favor of Porter Kinports against G. K. Kinports, which was served upon Jonathan Boynton, terre tenant, and returned n. e. i. as to G. R. Kinports.
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ERROR TO THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY. No. 53 January Term 1888, Sup. Ct.; court below. No. 54 September Term 1882, C. P. On June 16, 1882, an alias writ of scire facias was issued to revive a judgment, No. 485 September Term 1876, in favor of Porter Kinports against G. K. Kinports, which was served upon Jonathan Boynton, terre tenant, and returned n. e. i. as to G. R. Kinports. On November 13, 1885, an appearance was entered for G. R. Kinports, and on November 17th, judgment was taken for want of an affidavit of defence, against the defendant and terre tenant, for…
1Opinion of the Court
Opinion,
Me. Justice Paxson:
This proceeding in the court below was a scire facias to revive and continue the lien of judgment No. 485 September Term 1876, in which Porter Kinports was plaintiff and Gideon R. Kinports, defendant. This judgment was entered of record August 11,1876. On November 17, 1885, a judgment for want of an affidavit of defence was entered against the said defendant and Jonathan Boynton, as terre tenant, in the scire facias. Subsequently an application was made to the court below by Boynton to strike off the judgment as to him upon the ground that he was not a terre tenant,…
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