2 Miles 51
Pennsylvania Court of Common Pleas, Philadelphia County
Decided December 31, 1836
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1836-12-31
THE facts of this case were, that a venditioni exponas had issued against one Morton, at the suit of Chew. The real estate of Morton was sold under the writ by the sheriff, and the proceeds of sale were paid into court for distribution. The court appointed an auditor to report distribution, before whom appeared the parties in this case, Rhoads and Hoopes, claiming to be creditors of the fund as the holders of incumbrances.
Decided 1836-12-31
¶1This being a feigned issue to determine disputed facts, is clearly within the control of the court after verdict, as to the entry of judgment. On the trial, no evidence relating to the issue presented by the second count and plea, was ottered. The jury, therefore, found the facts alleged in the first count in favour of the plaintiff, and the court will order judgment upon it. An entry will be made on the record accordingly.
¶2Motion refused, and judgment for plaintiff on the first count.