Wells v. VanDyke
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county: Of January Term, 1884, No. 364. This was an action of scire facias sur mortgage, by G. H. VanDyke against Charles Wells and Amelia Wells his wife. On July 3, 1873 Charles Wells and Amelia his wife executed to the plaintiff a bond for §4,857.26, and a mortgage of the wife's real estate to secure the same.
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Error to the Court of Common Pleas of Bradford county: Of January Term, 1884, No. 364. This was an action of scire facias sur mortgage, by G. H. VanDyke against Charles Wells and Amelia Wells his wife. On July 3, 1873 Charles Wells and Amelia his wife executed to the plaintiff a bond for §4,857.26, and a mortgage of the wife's real estate to secure the same. On April 12,1874, Van-Dyke entered judgment on said bond against both defendants and under an execution thereon purchased the mortgaged premises at sheriff’s sale for $4,000. The sheriff made a special return, and an auditor was…
1Opinion of the CourtJustice Paxson
This case was here before upon the refusal of the court below to enter judgment for want of a sufficient affidavit of ,defence. We then held (see 7 Out., 49) that the sale under an execution issued upon the bond accompanying the mortgage, was void as against Mrs. Wells, she being a married woman, and that the -sale did not pass her title to the mortgaged pre*115mises. It followed that said sale was no defence to the scire facias on the mortgage; the judgment was therefore reversed, and a procedendo awarded.
Since then the case has been tried in the court below, and it now comes up with a verdict…
2Cited by8 opinions
- Taylor v. BaileySupreme Court of Pennsylvania · 1936
- Dickson v. McCartneySupreme Court of Pennsylvania · 1910
- Hartman v. PembertonSuperior Court of Pennsylvania · 1904
- Tonge v. RadfordSuperior Court of Pennsylvania · 1931
- Jackson v. PittsburgSuperior Court of Pennsylvania · 1908
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