Parker v. Stuckert
Pennsylvania Court of Common Pleas, Philadelphia County
THIS action was instituted in this court upon a copy of book entries filed. Judgment was entered and obtained for want of an affidavit of defence against George Stuckert, execution issued, and a tes. fieri facias to Bucks County. The sheriff of Bucks, made return to this court, that he had taken in execution under this writ; “ I, The rent and issues of a two story brick house and lot, in Doylestown. “ II.
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THIS action was instituted in this court upon a copy of book entries filed. Judgment was entered and obtained for want of an affidavit of defence against George Stuckert, execution issued, and a tes. fieri facias to Bucks County. The sheriff of Bucks, made return to this court, that he had taken in execution under this writ; “ I, The rent and issues of a two story brick house and lot, in Doylestown. “ II. The annual interest of one-third part of the estimated value of the real estate of Richard Leedom, deceased, and to which George Stuckert was entitled, in right of his wife, Ann, and which…
1Opinion of the Court
The opinion of the court was delivered by
Stroud, J.—
In respect to the first piece of property mentioned in the sheriff’s return of the inquisition, no question is raised. It is plainly within the meaning of the act of assembly of the 16th June, 1836, relating to executions, and it is conceded that the instrument of writing executed by George Stuckert, on the 30th March, 1835, does not comprehend it.
But in regard to the two other subjects of the inquisition, it is contended that these ought not to have been taken in execution for a debt of George Stuckert, because in the first place, the…
2Cases cited3 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Stewart v. MartinSupreme Court of Pennsylvania · 1834
- Deitz v. BeardSupreme Court of Pennsylvania · 1834