Blythe v. Richards
Supreme Court of Pennsylvania
Both plaintiffs and defendants in this ejectment claimed under’ John Nicholson, deceased, who mortgaged the lands in dispute to Joseph Ball, deceased, the plaintiff's intestate, on the 20th Octo-her, 1794, and conveyed them in fee simple to Samuel Nicholson, on the 21st February, 1795. Samuel Nicholson conveyed to-Samuel Blythe, one of the defendants, by deed, dated the 31st March, 1806. Joseph Ball issued a scire facias on his mortgage to August term, 1803, against Hannah…
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Both plaintiffs and defendants in this ejectment claimed under’ John Nicholson, deceased, who mortgaged the lands in dispute to Joseph Ball, deceased, the plaintiff's intestate, on the 20th Octo-her, 1794, and conveyed them in fee simple to Samuel Nicholson, on the 21st February, 1795. Samuel Nicholson conveyed to-Samuel Blythe, one of the defendants, by deed, dated the 31st March, 1806. Joseph Ball issued a scire facias on his mortgage to August term, 1803, against Hannah Nicholson, widow of John Nicholson, then deceased, and the children and heirs of the said J\ Nicholson, and Samuel…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
Several exceptions were taken to the opinion of the court below, in the course of the trial, all of which may be reduced to three heads.
1. Was parol evidence admissible to prove a long practice in Franklin county, for the sheriff to advertise property to be sold, by virtue of writs of venditioni exponas, about the middle of the week in which the court was to sit, and several days after the return day — and could such proceedings be supported, supposing the practice to be proved ? Great regard has been paid to practice originating in a…
2Cases cited5 opinions
- Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
- Heller v. Lessee of JonesSupreme Court of Pennsylvania · 1811
- Phillips v. HydeSupreme Court of the United States · 1789
- M'Cormick v. MeasonSupreme Court of Pennsylvania · 1814
- Whitmire v. NapierSupreme Court of Pennsylvania · 1818
3Cited by1 opinion
- Mentz v. HammanSupreme Court of Pennsylvania · 1840