Burdick v. Norris
Supreme Court of Pennsylvania
WRIT of error to Tioga county. This was an action of ejectment for a tract of land, by Joseph P. Norris against Jesse Burdick, William K. Burdick and William Cowen.
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WRIT of error to Tioga county. This was an action of ejectment for a tract of land, by Joseph P. Norris against Jesse Burdick, William K. Burdick and William Cowen. The plaintiff, in order to maintain the issue on his part, after having shown the title to have been in James Strawbridge, offered in evidence a certified copy of the record of a judgment in the circuit court of the United States, at the suit of Pearson Hunt against James Reed and others, executors of James Strawbridge deceased, which was there entered, in pursuance of an agreement by the defendants, on the 18th of February 1815,…
1Per curiam
The judgment on the mortgage might be too uncertain to.affect a third person; and did the lien on which the land was sold arise from it, and not from the mortgage, it’might be insufficient to hold the land, to the exclusion of other creditors. Butfor the purposes of lien and execution, the mortgage, being of record, was itself in the nature of a judgment, which required but a scire facias to give the creditor an execution; and that might undoubtedly be waived by the debtor, in despite of the objection of any one else. The difficulty in the present instance is to attach the agreement of waiver…
2Cited by8 opinions
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- Becker v. WishardSuperior Court of Pennsylvania · 2019
- Cox v. GroshongWisconsin Supreme Court · 1843
- Gelston v. DonnonSuperior Court of Pennsylvania · 1910
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