“This ejectment was to recover four hundred and thirty acres of land in Luzerne county, surveyed in the name of David Brown. It is one of the sixteen surveys mentioned in the case of Lanning vs. London, &.c. ante, 159; and the same, or nearly the same evidence was given in both cases . . . Upon the trial of this case, the plaintiff' offered in evidence the sheriff’s deed of the 6th of May 1802, for one third of Eddy’s interest in the land conveyed by Thomas to Eddy and Hollenback, to Samuel W. Fisher; and to prove the authority of the sheriff to make the conveyance, he gave in evidence the transcript of a record of one of the courts of this state as follows, viz. ‘scire facias sur mortgage al. scire facias, returned nihil.’ Then a short entry of a judgment in this suit, Fisher vs. Eddy, for such a sum of money and costs. Then follows the alias levari facias, in extenso, under which this land was sold; and the return.”
4 Wash. C. C. 624