Brown v. Webb
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Lancaster county. To January term 1824, Jeremiah Brown obtained a judgment against Jonathan Webb for 512 dollars.
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WRIT of error to the court of common pleas of Lancaster county. To January term 1824, Jeremiah Brown obtained a judgment against Jonathan Webb for 512 dollars. Subsequently Jonathan Webb died intestate, seised of real estate, of which William Webb, Peter W. Webb and Rachel Webb, three of several children, were in possession, when this scire facias issued against them to show cause why they should not become parties to the said judgment, and why the plaintiff should not have execution of the lands of the decedent in their possession. The defendants plead payment, with leave, &c. Replication,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Several errors have been assigned in this case, but as the court is of opinion that the proceeding and judgment had against the plaintiffs in error in the court below cannot be supported by the laws and practice of this state, it becomes unnecessary to notice them.
*412Although the ground upon which this court considers the proceedings and judgment in this cause erroneous, has not been formally assigned for error according to a rule which we have adopted ; yet this rule, as chancellor Kent observes in Palmer et al. v. Loriland et al., 16 Johns.…
2Cases cited10 opinions
- Burd v. Lessee of DansdaleSupreme Court of Pennsylvania · 1809
- Roe v. HumphreysSupreme Court of Pennsylvania · 1795
- Andrew's Lessee v. FlemingSupreme Court of the United States · 1786
- Gause v. WileySupreme Court of Pennsylvania · 1818
- Brown v. FurerSupreme Court of Pennsylvania · 1818
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3Cited by2 opinions
- Rowland v. HarbaughSupreme Court of Pennsylvania · 1836
- Bressler v. Miller, Pennsylvania Court of Common Pleas, Schuylkill County1873