Farmers & Mechanics Bank v. Schreiner
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case a judgment was entered for the plaintiff for want of an affidavit of defence under the 2d section of the act of the 28th of March 1835, and the plaintiff issued execution thereon. Within the time allowed by the practice for pleading freehold, or entering bail for stay of execution under the act of the 21st of March 1806, the defendant obtained a rule to show- cause why the execution should not be set aside on pleading Iris freehold for that purpose.
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IN this case a judgment was entered for the plaintiff for want of an affidavit of defence under the 2d section of the act of the 28th of March 1835, and the plaintiff issued execution thereon. Within the time allowed by the practice for pleading freehold, or entering bail for stay of execution under the act of the 21st of March 1806, the defendant obtained a rule to show- cause why the execution should not be set aside on pleading Iris freehold for that purpose. Ou the hearing of the rule, the defendant produced evidence of his ownership of a freehold estate, out of which a ground rent had…
1Opinion of the Court
The opinion of the Court ivas delivered by
Pettit, President.
Two questions have been raised in this case. The first is whether the stay of execution provided by the 7th section of the act of the 21st of March 1806 can be had where judgment has been entered by virtue of the 2d section of the act of the 28th of March 1835; and the other is, whether a fee simple in land, out of which a ground rent has been reserved, is such a freehold *292estate, dear of all incumbrances, as will entitle the owner of it to a stay of execution under the said act of 1806.
The counsel for the plaintiff, in objecting to…
2Cases cited1 opinion
- Trustees of St. Mary's Church v. MilesSupreme Court of Pennsylvania · 1836