Borlin v. Highberger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of 1Westmoreland comity : Of October and November Term 1883, No. 29. Scire facias by the Commonwealth of Pennsylvania, at the instance of John H. Highberger, who is suggested as plaintiff, against James Borlin, William Brisbine, et ah, upon a recognizance in the penal sum of $25,000, given to insure the faithful execution by said Borlin of his official duties as Sheriff of Westmoreland county, upon which recognizance Brisbine et ah were…
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Error to the Court of Common Pleas of 1Westmoreland comity : Of October and November Term 1883, No. 29. Scire facias by the Commonwealth of Pennsylvania, at the instance of John H. Highberger, who is suggested as plaintiff, against James Borlin, William Brisbine, et ah, upon a recognizance in the penal sum of $25,000, given to insure the faithful execution by said Borlin of his official duties as Sheriff of Westmoreland county, upon which recognizance Brisbine et ah were sureties. A certified copy of this recognizance was filed by the recorder of deeds of said county, in the office of' the…
1Opinion of the Court
The opinion of the court was filed October 15th 1883.
2Per curiam
— As the record was amended, this scire facias was on the recognizance, and not on the judgment. It is true the 74th section of the Act of 15th April 1834, authorizes the recorder of deeds to certify the recognizance of the sheriff, taken by him, to the prothonotary. This is for the purpose of creating a lien on real estate, and thereby increasing the security of all persons interested in the proper discharge of the sheriff’s duties. Non constat, that those who entered into the recognizance would not be liable without such certificate. We…