Miller v. Miller
Supreme Court of Pennsylvania
Appeal, No. 302, Jan. T., 1892, by Wm. Miller et al., administrators of Mahlon Miller, from an order of C. P. Berks Co., Aug. T., 1890, No. 15, setting aside fi. fa. so far as same related to real estate. Prom the record it appeared that on May 12,1885, judgment was entered in favor of Mahlon Miller against Robert Miller on á judgment note containing a release of all errors and a waiver of “ inquisition and extension before any levy on real estate.”
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Appeal, No. 302, Jan. T., 1892, by Wm. Miller et al., administrators of Mahlon Miller, from an order of C. P. Berks Co., Aug. T., 1890, No. 15, setting aside fi. fa. so far as same related to real estate. Prom the record it appeared that on May 12,1885, judgment was entered in favor of Mahlon Miller against Robert Miller on á judgment note containing a release of all errors and a waiver of “ inquisition and extension before any levy on real estate.” On July 2,1890, a sei. fa. to reverse the judgment was issued, and on the same day a fi. fa. was issued. On Aug. 13, 1890, defendant obtained a…
1Opinion of the Court
Per Curiam,
For reasons given in its opinion filed October 20, 1890, the court below was clearly right in setting aside the levy on defendant’s real estate, and all subsequent proceedings thereunder.
Before plaintiff’s execution was issued, the lien of their judgment, as to purchasers and subsequent judgment creditors, had expired; and no judgment of revival was obtained on their scire facias until October 20, 1890. In the meantime, viz., July 30, 1890, Jeremiah Miller obtained judgment against defendant, and, of course, his lien antedated that of the plaintiffs on their scire facias to revive…
2Cited by4 opinions
- Cusano v. RubolinoSupreme Court of Pennsylvania · 1944
- Sherrard's Executors v. JohnstonSupreme Court of Pennsylvania · 1899
- Sanner v. Unique Lodge No. 3 Knights of PythiasSupreme Court of Pennsylvania · 1944
- Davis v. DavisCourt of Appeals for the Fourth Circuit · 1909