Cleaver v. Scheetz
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 318, to January Term 1871. To December Term 1869 of the, District Court, a scire facias sur mortgage was issued at the suit of Jacob Scheetz and Christianna his wife in her right, against Elias Cleaver and Anna M. his wife. The mortgage was dated February 22d 1867, given by Elias Cleaver and Anna M. his wife, to Christianna Scheetz, to secure the payment of $1600 in one year with interest.
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Error to the District Court of Philadelphia: No. 318, to January Term 1871. To December Term 1869 of the, District Court, a scire facias sur mortgage was issued at the suit of Jacob Scheetz and Christianna his wife in her right, against Elias Cleaver and Anna M. his wife. The mortgage was dated February 22d 1867, given by Elias Cleaver and Anna M. his wife, to Christianna Scheetz, to secure the payment of $1600 in one year with interest. The defendant put in the plea of set-off. It appeared'upon the trial that Jacob' Scheetz and his wife were living separate and apart from each other, the…
1Opinion of the Court
The opinion of the court was delivered, May 13th 1872, by
Agnew, J.
This was a scire facias in right of Christianna Scheetz, the owner of a mortgage given by the defendants, Elias and Anna Cleaver. One of the pleas was set-off, under which the defendants claimed to recover a boarding bill against Mrs. Scheetz. The short plea of set-off may be presumed to be in the same right as the action of scire facias; that is, against Christianna Scheetz for her own debt. This necessarily raises the question of the right of the defendants to maintain an action against Mrs. Scheetz, which it is claimed will…
2Cases cited1 opinion
- Jacobs v. FeatherstoneSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Thornton v. PierceSupreme Court of Pennsylvania · 1937
- Flanagan's EstateSuperior Court of Pennsylvania · 1915