Shaeffer v. Jack
Supreme Court of Pennsylvania
IN ERROR. A- writ of error having issued to a special Court of Common Pleas of Westmoreland county, it appeared, on'the return of the record, that the plaintiff in error, Frederick Shaeffer, brought -this action of ejectment against the defendant in error, Wilson Jack, for the premises described in the writ.
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IN ERROR. A- writ of error having issued to a special Court of Common Pleas of Westmoreland county, it appeared, on'the return of the record, that the plaintiff in error, Frederick Shaeffer, brought -this action of ejectment against the defendant in error, Wilson Jack, for the premises described in the writ. In the court below, a casé was stated for its opinion, to be considered as,a special verdict, — which' was in substance as-follows:— Frederick Shaeffer, the plaintiff, obtained a judgment in the Court of Common Pleas of Westmoreland county, at September Term, 1801, against Philip…
1Opinion of the CourtDuncan, J.
There is a question attempted to be raised on this record not.necessary for-the court to give an opinion on; that is, whether a subsisting lien by judgment, at the time of alienation, continues on the lands in the hands of the assignees, though more than five years have elapsed without any proceedings on the judgment; because it is quite clear that Shaeffer, the plaintiff in the judgment, the purchaser-at sheriff’s sale, and the plaintiff in this action, never had a judgment on the sheriff’s bond, until October, 1821, and then it was. an erroneous one; for there was nothing on which to issue…
2Cases cited1 opinion
- Commonwealth v. GableSupreme Court of Pennsylvania · 1821
3Cited by1 opinion
- Montgomery v. PoormanSupreme Court of Pennsylvania · 1837