Sergeant's Heirs v. Ewing
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was a scire facias by Jacob 0. Ewing against the executors and devisees of Elizabeth B. Sergeant, deceased, for the purpose of charging the real estate of the testatrix with a judgment recovered against the personal representatives.
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Certificate from the Court of Nisi Prius. This was a scire facias by Jacob 0. Ewing against the executors and devisees of Elizabeth B. Sergeant, deceased, for the purpose of charging the real estate of the testatrix with a judgment recovered against the personal representatives. The case against the executors was before this court, and is reported in 6 Qasey 75. To the scire facias the defendants pleaded non assumpserunt, the statute of limitations, plene administraverunt, no assets, payment with leave, &c., and the following special plea:— “And the said defendants, for a further plea in this…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
Was the judgment on which this sci. fa. issued primd facie evidence of the debt against the devisees of Mrs. Sergeant’s estate ? It was a judgment recovered against the personal representatives, and this sei. fa. was issued to bring in the heirs and devisees, pursuant to the 34th section of .the Act of 24th February 1834, preliminary to charging the realty with the debt recovered against the executors.
There was no denial, by plea, of the existence of the judgment, but there was of the debt in every form, as well as a plea of no assets,…
2Cases cited2 opinions
- Murphy's AppealSupreme Court of Pennsylvania · 1844
- Pry's AppealSupreme Court of Pennsylvania · 1839
3Cited by9 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- First National Bank and Tr. Co. v. LaubachSupreme Court of Pennsylvania · 1939
- Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
- Birdsall-Friedman Co. v. Globe & Rutgers InsuranceSupreme Court of Pennsylvania · 1937
- Paul v. GrimmSupreme Court of Pennsylvania · 1898
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