Fetterman v. Murphy
Supreme Court of Pennsylvania
ERROR to the commou pleas of Mleghany county. This was an action of ejectment by W. W. Fetterman and Alexander Metcalf, against John Murphy, for a house and lot in the city of Pittsburgh. In 1807 William Nixon, under whom both parties claim, was the owner of the house and lot in controversy. In 1808 a judgment was obtained against him, upon which an execution issued in 1809, which the sheriff returned “ money made.”
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ERROR to the commou pleas of Mleghany county. This was an action of ejectment by W. W. Fetterman and Alexander Metcalf, against John Murphy, for a house and lot in the city of Pittsburgh. In 1807 William Nixon, under whom both parties claim, was the owner of the house and lot in controversy. In 1808 a judgment was obtained against him, upon which an execution issued in 1809, which the sheriff returned “ money made.” In 1814 Nixon died, leaving several children, and Flora Nixon and Robert Stewart became his administrators. To January term 1827, a scire facias was issued by S. Kingston,…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.-
—It is but a small matter in such a robbery as this case presents, whether the debt of 60 dollars had been paid once or twice, before the proceedings on the scire facias, which have ended in taking from the heirs of Nixon their whole property, and putting it in the pocket of one who had no claim on them or their ancestor.
Clearly, if the actors in this business were the owners of the property now, it would be recovered by the heirs, without inquiring very minutely whether the transaction was the effect of the most gross negligence or of a…
2Cases cited6 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
- Lessee of Lazarus v. BrysonSupreme Court of Pennsylvania · 1810
- Graff v. Smith's AdministratorsSupreme Court of the United States · 1789
- Prevost v. NichollsSupreme Court of Pennsylvania · 1808
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3Cited by16 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Puharic v. NovySupreme Court of Pennsylvania · 1934
- Konigmaker v. BrownSupreme Court of Pennsylvania · 1850
- Colenburg v. VenterSupreme Court of Pennsylvania · 1896
- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1838
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