Colley v. Latimer

Decided June 5, 1819

Supreme Court of Pennsylvania · decided 1819-06-05

<p>The validity of a judgment entered after two nihils in scire faciases against the mortgagor, cannot be impeached in an ejectment by the purchaser at a sheriff's sale under such judgment, though it a appear in evidence, that the mortgagor was living on the land at the issuing and return of the two writs of scire facias.</p> <p>If such judgment is erroneous, it must be reversed by writ of error.</p>

Decided 1819-06-05

By The Court.

¶1This is a case which admits of no doubt. The Court of Common Pleas having full jurisdiction, gave judgment on the scire facias, on which judgment an executi°n was issued, the land sold, and a conveyance executed by the sheriff to George Latimer. The legal title was thus vested in him. If the judgment of the Court of Common Pleas was erroneous, it should have been reversed on a writ of error; but remaining in full force, this Court cannot now inquire into any errors which are alleged to exist. The judgment must, therefore, be affirmed.

¶2Judgment affirmed.