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2 Miles 251

Evans v. Thibaults

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-09-29

IN this case, a scire facias to revive judgment, had issued to June term, 1837, 1222. The original was to Dec. 1835, No. 47. D. S. B. 16,000 dollars, in which Griffith Evans was plaintiff, and F. & F. Thibault, were defendants. The service of the scire facias was accepted by Thibaults and served on the terre tenants, hereinafter named. Judgment was obtained August 26, 1837, by default, for want of an affidavit of defence, and damages were assessed at 7,693 dollars.

Decided 1838-09-29

Per Curiam.—

¶1Whatever jurisdiction is exercised by the courts in Pennsylvania, so as to enforce the doctrines of a court of equity, yet we cannot perceive in this case, on the statement of facts, what is the precise equity between the parties. Nor is it available to us to settle that equity, if any exists, on a mere motion to set aside an execution, or to direct the sheriff as to the manner in which he shall execute it. The judgment is regular, there is no allegation of payment, and the execution is against the lands bound by the judgment. This rule must therefore be discharged, leaving Robertson, the ierre tenant of one of the properties, to pursue a remedy in another mode, either against the plaintiff, the sheriff, or the other terre tenants, if he has a right which can be enforced.

¶2Rule discharged.

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