Executors of Morton v. Terre-tenants of Croghan
New York Supreme Court
SCIRE FACIAS to revive a judgment recovered in October, 1770, in the Supreme Court of the then province of New-York, in favour of John Morton against George Croghan, for 10,500 pounds of debt, and 81. 4s. 3d. damages and costs.
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SCIRE FACIAS to revive a judgment recovered in October, 1770, in the Supreme Court of the then province of New-York, in favour of John Morton against George Croghan, for 10,500 pounds of debt, and 81. 4s. 3d. damages and costs. In the year 1804, and after the death of both the parties, the plaintiffs, as execfitors of Morton, revived the judgment against the heirs of Croghan ; and one thousand dollars were made on an execution issued after such revival, which execution, as to the residue, was returned nulla bona. The judgment was, also, revived for the residue, by the plaintiffs against the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
Motions have been made for relief, in several cases, on the applicati. n of the terre-tenants, on different grounds, and on different notices, adapted to the different classes of cases. There is, however, one ground of relief common to all of them, and if that is tenable, it supersedes the necessity of discriminating the cases. The application for relief comes from persons against whom judgment has been enter*119ed by default, at the January term, 1821, either on the return of two nihils, or upon returns of scire feci. In the former cases, there…
2Cited by15 opinions
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- Schmeltz v. GareyTexas Supreme Court · 1878
- Bonaparte v. Camden & A. R.U.S. Circuit Court for the District of New Jersey · 1830
- Ex parte NelsonNew York Supreme Court · 1823
- Maxwell v. LeesonWest Virginia Supreme Court · 1901
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