Heller v. Lessee of Jones
Supreme Court of Pennsylvania
In Error. Upon a writ of error to the Common Pleas of Northumberland, the case was as follows. The plaintiff below derived his title under a judgment obtained by him against Mounce Jones the former owner of the land in dispute, on the 25th February 1788. A scire facias to revive this judgment was issued to November term 1791, on which there was a trial and verdict for the plaintiff at a Court of Nisi Prius in October 1795 ; and on this verdict a judgment was entered, and the…
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In Error. Upon a writ of error to the Common Pleas of Northumberland, the case was as follows. The plaintiff below derived his title under a judgment obtained by him against Mounce Jones the former owner of the land in dispute, on the 25th February 1788. A scire facias to revive this judgment was issued to November term 1791, on which there was a trial and verdict for the plaintiff at a Court of Nisi Prius in October 1795 ; and on this verdict a judgment was entered, and the premises in the ejectment were levied on, sold, and on the 19th October 1797 conveyed by the sheriff to Nicholas Jones,…
1Opinion of the Court
Til&hmait C. J.
stating the facts, delivered his After opinion as follows.
So far as concerns Miller, it is clear that he is concluded, because he made the same defence on the scire facias that he offered in this suit. It has been contended indeed, that Miller was not legally a party to the scire facias, and that the court had no power to admit him. But after being admitted, it does not lie in his mouth to say that he ought not to have been. I see no reason however why he might not have been admitted. I presume that Nicholas-Jones the plaintiff1 made no objection to it. It made no difference to…
2Cases cited2 opinions
- Coates v. RobertsSupreme Court of Pennsylvania · 1833
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1841
3Cited by13 opinions
- Coates v. RobertsSupreme Court of Pennsylvania · 1833
- M'cullough, Asignee v. HoustonSupreme Court of the United States · 1789
- Otterson v. MiddletonSupreme Court of Pennsylvania · 1883
- Pennypacker's AppealSupreme Court of Pennsylvania · 1868
- Brownfield v. CanonSupreme Court of Pennsylvania · 1855
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