Lesher v. Gillingham
Supreme Court of Pennsylvania
By virtue of a writ of venditioni exponas, issued in this cause, the sheriff sold the real estate therein described, for the sum of one thousand five hundred dollars, and paid the money, after deducting his costs, &c., into court.
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By virtue of a writ of venditioni exponas, issued in this cause, the sheriff sold the real estate therein described, for the sum of one thousand five hundred dollars, and paid the money, after deducting his costs, &c., into court. On the 30th of July, -1S27, an auditor was appointed to examine and report on the liens, who, on the 15th of September, 1827, reported, That, on the 10th of May, 1817, Stacy Gillingham, the defendant, executed? to Isaac .Worrell and Nathan 'Harper, a bond conditioned for the payment, in one year, of nine hundred and fifty dollars, with lawful interest; and, to…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The precise question, raised in this case, has not heretofore been the subject of judicial investigation, — whether an amicable agreement to revive a judgment duly entered on the docket within five years, is a sufficient judgment of revival, as well against a subsequent mortgagee, as against the defendant in the judgment. The facts are fully set forth in the case stated. A dictum of one of the Presidents of the Courts of Common Pleas, in .relation to the construction of the act of the 4th of April, 1798, caused some alarm in the state, as the…
2Cases cited1 opinion
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
3Cited by2 opinions
- Reed & Foster's AppealSupreme Court of Pennsylvania · 1847
- Sinkett v. Wunder, Pennsylvania Court of Common Pleas, Philadelphia County1827