Silverthorn v. Townsend
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. The plaintiff in error was the defendant below in a sci. fa. to revive and continue the lien of a judgment. The case was this: — On the 23d of January 1851 a judgment for f300 was entered in the Common Pleas of Erie county, to November Term 1850, No. 329, in favour of William H. Townsend, against Henry Colby who was, at that time, the owner of a tract of land containing about twenty-six acres.
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Error to the Common Pleas of Erie county. The plaintiff in error was the defendant below in a sci. fa. to revive and continue the lien of a judgment. The case was this: — On the 23d of January 1851 a judgment for f300 was entered in the Common Pleas of Erie county, to November Term 1850, No. 329, in favour of William H. Townsend, against Henry Colby who was, at that time, the owner of a tract of land containing about twenty-six acres. On the 27th of December 1853, he conveyed this land to James H. Silverthorn. On the 16th of August 1855, a scire facias to revive and continue the lien of No.…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— We think the court erred in holding, that the defence of the plaintiff in error must fail because he did not 'prove that he was a purchaser of the land upon which the judgment was claimed to be a lien. It is true, that to enable him to maintain his plea, that the lands were discharged from the lien of the original judgment, he must have been a terre-tenant, and if the seire facias had been issued against the defendant, with notice to terre-tenants generally, without naming him, it would have been incumbent upon him to show that he was a…
2Cases cited2 opinions
- Meason's EstateSupreme Court of Pennsylvania · 1835
- Westmoreland Bank v. RaineySupreme Court of Pennsylvania · 1832
3Cited by5 opinions
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Howes & Bros. v. DolanSuperior Court of Pennsylvania · 1899
- Philadelphia v. KellySuperior Court of Pennsylvania · 1916
- Stiffler's EstateSuperior Court of Pennsylvania · 1922
- Vaselenak v. Moxham National Bank, Pennsylvania Court of Common Pleas, Cambria County1936