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SLICER V. BANK OF PITTSBURG, 57 U. S. 571 (1853)

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U.S. Supreme Court

Slicer v. Bank of Pittsburg, 57 U.S. 16 How. 571 571 (1853)

Slicer v. Bank of Pittsburg

57 U.S. (16 How.) 571

Syllabus

Where there was a mortgage of land in the City of Pittsburgh, Pennsylvania, the mortgagee caused a writ of scire facias to be issued from the court of common pleas, there being no chancery court in that state. There was no regular judgment entered upon the docket, but a writ of levari facias was issued, under which the mortgaged property was levied upon and sold. The mortgagee, the Bank of Pittsburgh, became the purchaser.

This took place in 1820.

In 1836, the court ordered the record to be amended by entering up the judgment regularly, and by altering the date of the scire facias.

Although the judgment in 1820 was not regularly entered up, yet it was confessed before a prothonotary, who had power to take the confession. The docket upon which the judgment should have been regularly entered, being lost, the entry must be presumed to have been made.

Moreover, the court had power to amend its record in 1836.

Even if there had been no judgment, the mortgagor or his heirs could not have availed themselves of the defect in the proceedings, after the property had been adversely and quietly held for so long a time.

The facts of the case are stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 57 U. S. 576





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