Fursht v. Overdeer
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. Eli Overdeer against John Fursht, with notice to Conrad Fursht, terre-tenant. Scire facias post annum et diem.
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ERROR to the Common Pleas of York county. Eli Overdeer against John Fursht, with notice to Conrad Fursht, terre-tenant. Scire facias post annum et diem. On the 18th of February 1834, a judgment was entered in the Common Pleas of York county in favour of the plaintiff, against John Fursht, for $1500, conditioned for the payment of $736.14. John Fursht was at the time owner of certain real estate which became bound by the judgment, and which on the 1st of April 1837, he conveyed to Conrad Fursht. On the 21st of October 1837, the plaintiff issued a scire facias, returnable to November term, to…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Under the statutory enactments, and established practice of this State, the judgment on a scire facias issued to revive the lien of a former judgment, is for some purposes in the nature of a new judgment. The plaintiff recovers a judgment on the scire facias for principal and interest due; which judgment binds lands not bound by the first judgment, such as those purchased by the defendant in the interim. Berryhill v. Wells, (5 Binn. 56); Clippinger v. Miller, (1 P. R. 64). But it is not considered as operating to merge and extinguish the…
2Cases cited1 opinion
- Berryhill v. WellsSupreme Court of Pennsylvania · 1812
3Cited by9 opinions
- In Re SoudersUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
- Ellinger v. Krach (Et Al.)Superior Court of Pennsylvania · 1941
- Le Bar, to Use v. PattersonSuperior Court of Pennsylvania · 1936
- Little v. SmyserSupreme Court of Pennsylvania · 1849
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