Buker v. Gibson
Superior Court of Delaware
This was a scire facias on a judgment to extend a lien upon lands. An affidavit of demand was filed setting forth the following : ‘ ‘State of Illinois, j Cook County, j ss" “Be it remembered, That, on this eighth day of November, A. D. 1897, personally appeared before me, Eynam A. White, Notary Public for the State of Illinois, in Cook County, Fanny M. Buker, the plaintiff in the above stated cause, who being by me first duly sworn upon the Holy Evangels of Almighty God, did…
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This was a scire facias on a judgment to extend a lien upon lands. An affidavit of demand was filed setting forth the following : ‘ ‘State of Illinois, j Cook County, j ss" “Be it remembered, That, on this eighth day of November, A. D. 1897, personally appeared before me, Eynam A. White, Notary Public for the State of Illinois, in Cook County, Fanny M. Buker, the plaintiff in the above stated cause, who being by me first duly sworn upon the Holy Evangels of Almighty God, did depose and say that hereto annexed is a duly certified transcript of the judgment sued upon in this action, and that…
1Opinion of the Court
Spruancp J:—
The objection made to this affidavit is that, except in the caption of the affidavit, it is not stated that Ananias Ennis is the terre tenant, or how he became a terre tenant.
We have given this matter careful consideration, and the majority of the Court are of the opinion that this affidavit is sufficient.
So far as my experience goes, it has never been the practice in ordinary suits on judgments or mortgages where terre tenants are made parties defendant, to make any allegations respecting them in the body of the affidavit. The names of the plaintiff and defendant and terre tenant…
2Cited by1 opinion
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