Murray v. Weigle

Citations

• 118 Pa. 159
• 11 A. 781
• 1888 Pa. LEXIS 377

Syllabus

<p>1. Two returns “ nihil ” to a scire facias upon a mortgage are equivalent to a return of scire feci, and a judgment entered upon such returns cannot be collaterally impeached by evidence that at the time the writ issued the mortgagor was dead.</p> <p>2. A mortgage is merged in a judgment entered in a scire facias thereon, and in a collateral suit such judgment is conclusive upon the grantor of the mortgage as to the amount due and that his interest at the date of the mortgage may be taken in execution for the payment thereof.</p>