Executors of Lynch v. Executors of Inglis

Pennsylvania Court of Common Pleas

Executors of Lynch v. Executors of Inglis

1 S.C.L. 449

DecidedJanuary 15, 1795

StatusPublished

This text of 1 S.C.L. 449 (Executors of Lynch v. Executors of Inglis) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executors of Lynch v. Executors of Inglis, 1 S.C.L. 449 (Pa. Super. Ct. 1795).

Pincite

Opinion

All the judges were present at this argument; and as the case was of considerable importance to the practice of the court, they took time to consider, and, after consultation, were all of opinion that the judgment entered up, within two terms after the death of lug Us, the original defendant, was regular, and could not be set aside. Upon the second ground, they were also of opinion that nothing could be pleaded to a scire facias which might have been pleaded to the original action. As the judgment, in this case, was against a testator, in his life-time, his executors could not be placed in a better situation than he was before his death. Nothing could be pleaded by them excepting a release, or some matter arising since the entering up of the judg.ment.

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All the judges were present at this argument; and as the case was of considerable importance to the practice of the court, they took time to consider, and, after consultation, were all of opinion that the judgment entered up, within two terms after the death of lug Us, the original defendant, was regular, and could not be set aside. Upon the second ground, they were also of opinion that nothing could be pleaded to a scire facias which might have been pleaded to the original action. As the judgment, in this case, was against a testator, in his life-time, his executors could not be placed in a better situation than he was before his death. Nothing could be pleaded by them excepting a release, or some matter arising since the entering up of the judg.ment.

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Bluebook (online)

1 S.C.L. 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-lynch-v-executors-of-inglis-pactcompl-1795.