Wilson v. McCullough
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of ejectment, to November Term, 1848, by Thomas S. Wilson, Ann D. Wilson, and others, against David W. McCullough, John T. Green, and Thomas C. Miller, for two thousand and fifty acres of land.
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Error to the Common Pleas of Cumberland county. This was an action of ejectment, to November Term, 1848, by Thomas S. Wilson, Ann D. Wilson, and others, against David W. McCullough, John T. Green, and Thomas C. Miller, for two thousand and fifty acres of land. The plaintiffs and defendants claimed title through Eliza Wilson, formerly Eliza Ege; the plaintiffs in interest claiming as her children, and the defendants claiming by reason of a sheriff’s sale of the lands in dispute, by means of a writ of levari facias, &c.; the said writ being issued on a mortgage executed by James Wilson and…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lowrie, J.
The defendants claim title under a levari facias, and a sheriff’s sale and deed made in pursuance thereof. But if there was no judgment upon which such a writ could issue, then the writ and the proceedings thereon can have no efficiency in transferring this title.
The action on which the writ was issued is called a sci. fa. upon mortgage. This is purely a proceeding in rem; for, when the proceeding is in proper form, the party is summoned merely to show cause why certain land, described in the sci. fa., should not be taken in execution…
2Cited by12 opinions
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- Brundred v. EgbertSupreme Court of Pennsylvania · 1894
- McLanahan v. GoodmanSupreme Court of Pennsylvania · 1919
- Gelston v. DonnonSuperior Court of Pennsylvania · 1910
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