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1 Samuel Berrell, Plaintiff in Error, vs. Elam T. Witmer, Defendant in Error. Supreme Court, July Term, 1857, No. 103. Paper Book of Plaintiff in Error 1857

handle is hein.trials/adho0001 and id is 1 raw text is: SAMUEL BERRELL, Plaintiff in Error, VS. ELAM T. WITMER, Defendant in Error. SUPREME COURT, JULY TERM, 1857. No. 103. PAPER BOOK OF PLAINTIFF IN ERROR. This is a writ of error to the District Court for the City and County of Philadelphia, where Elam T. Witmer sued out a scire facias sur mortgage, dated Oct. 18, 1854, against John Patter- sonD, with notice to Samuel Berrell, as terre tenant, returnable to the first Monday of April, 1857. The terre tenant, Samuel Berrell, filed an affidavit of defence, and on a rule to show cause why judgment should not be had, for want of a sufficient affidavit of defence, the said Berrell, by the allowance of the court, filed a supplemental and an addi- tional supplemental affidavit of defence,-(vide the same, appen- dix.) The court granted judgment, notwithstanding said affidavits. Whereupon Samuel Berrell, the terre tenant, sued out this writ of error. HISTORY OF THE CASE. This is contained in the above statement.

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