Little v. Lessee of Delancey
Supreme Court of Pennsylvania
IN ERROR. THIS was an ejectment in the Common Pleas of Frankfe county. Upon the trial °f cause, the plaintiff gave in evidence 1st, an application of the 16th of May 1/68, and a survey on 8t^ November 1/86, in the name of Barbara Zantzinger, who was the step-daughter of Charles McCormick, and wh0 at the time of the application resided in his family, 1 „ J7 and was about fourteen years of age. 2d, The record of a judgment in Cumberland county, by George Brown against Charles…
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IN ERROR. THIS was an ejectment in the Common Pleas of Frankfe county. Upon the trial °f cause, the plaintiff gave in evidence 1st, an application of the 16th of May 1/68, and a survey on 8t^ November 1/86, in the name of Barbara Zantzinger, who was the step-daughter of Charles McCormick, and wh0 at the time of the application resided in his family, 1 „ J7 and was about fourteen years of age. 2d, The record of a judgment in Cumberland county, by George Brown against Charles M'Cormick, on the 26th of January 1//0. On this judgment, a fi. fa. issued to April term 1770, to which the sheriff…
1Opinion of the Court
Tilghman C. J.
after stating the case, and the exceptions to evidence, delivered his opinion as follows.
*269First. The reason urged against the admission in evidence of the proceedings subsequent to the first execution is, that" the sheriff having returned the first ft. fa. levied, without specifying to what amount, it must be taken for a levy to the full amount of the judgment,and thus the judgment was satisfied. This reason does not appear to me to be conclusive. Although there was a levy, there was no sale; and we know very well that it has been a common practice to suffer the property to…
2Cited by6 opinions
- Quinn v. WallaceSupreme Court of Pennsylvania · 1841
- Young v. AlgeoSupreme Court of Pennsylvania · 1834
- Drake v. BrownSupreme Court of Pennsylvania · 1871
- Ferris v. IronsSupreme Court of Pennsylvania · 1877
- Floyd v. MintseyCourt of Appeals of South Carolina · 1852
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