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Morris's Lessee versus Smith.

EJECTMENT for 23 acres in Philadelphia county. It was agreed, that John Hunt, (under whom both parties claimed) did seised of the premises; and the lessor of the plaintiff's immediate title was derived under a judgment obtained against Hunt's executors, in June term 1786, at the suit of Thomas Corbin for 105 l. 10 s.; upon which there was an execution, a sheriff's sale, and a sheriff's deed to the plaintiff, dated the 5th of June 1787.

Upon this developement of the case, however, two points were made, and, at the request of the counsel, reserved for future argument:

1st. Whether the land could be sold by virtue of the judgment, without a scire facias against the terre-tenant?

2d. Whether the land was liable for the testator's debts, after being aliened by the heir at law, bona fide, and for a valuable consideration?

Verdict for the plaintiff.

It does not appear that these questions were ever argued in the present suit. But sec 1 Dall. Rep. 481.

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MORRIS'S LESSEE v. SMITH
(Apr 1, 1792)