
    Lessee of David Marshall against Jacob Ford.
    In ejectment by tbe sheriff’s vendee under a mortgage in tbe loan office, tbe mortgage and precept to tbe sheriff must be produced in evidence.
    Ejectment for a house and lot of ground in Marcus Hook, in Dower Chichester township.
    The lessor of the plaintiff grounded his title on a deed from Nicholas Fairlamb, esq. sheriff of Delaware county, dated 1st January 1791, which recited a mortgage from Robert Moulder, now deceased, to the trustees of the loan office, dated 18th May 1774, and a. precept from Christian Eebiger, esq. trustee of the loan office, dated 10th September 1790, directed to the said sheriff, on which a sale was had at public vendue to the lessor of the plaintiff, after giving thirty days notice of the time and place of sale.
    The sheriff’s deed having been read in evidence, Mr. Sergeant for the defendant, insisted on the plaintiff’s, production of the precept from the trustee of the loan office, and also of a certified copy of the mortgage whereon the same rested.
    Mr. Thomas for the plaintiff contended, that the same was unnecessary under the case of Burke’s lessee v. Ryan (Dali. 94) where a sheriff’s deed was allowed to be read in evidence without producing the record; and the chief justice there says, that within his knowledge, it had not been customary in any case to produce the record.
   Per Curiam.

There is no occasion in the present instance to deliver our opinions, whether in any or in what cases, the judgment and executions recited in a sheriff’s deed must necessarily be produced. The present case is obviously different; because the summary remedy given under the loan office acts certainly requires a minute and strict investigation. The mortgage is instar judicii, and in our idea must, with the precept to the sheriff, be produced when required, as the basis on which the sale rests. Any other decision, we apprehend, might be attended with dangerous consequences.

Cited in i Y., 301, in support of the decision that in ejectment for lands sold by a constable for not serving a term of duty in the militia, or procur-1 ing a substitute, the vendee must give in evidence the warrant of the lieutenant or sub-lieutenant to the constable to levy the fine, and all the other steps preliminary to the sale, as required by law

Cited and approved in 86 Pa., 465. •

*The plaintiff’s counsel, on hearing this opinion of the court, prayed an adjournment of the cause for a few hours, in ordér to furnish themselves with the necessary evidence: but, the defendant’s counsel offering a reference on equitable grounds, the terms were at length closed with, and the jury discharged by consent, from giving a verdict.  