
    Colley against Latimer.
    Friday, June 5.
    The validity of a judgment entered after two nihils in scire faciases against the mortgagor, cannot be impeached in an ejectment by the purchaser at a sheriff's sale under such judgment, though it a appear in evidence, that the mortgagor was living on the land at the issuing and return of the two writs of scire facias.
    
    If such judgment is erroneous, it must be reversed by writ of error.
    In Error.
    ERROR to the Court of "Common Pleas bf Columbia county, in an ejectment brought by George Latimer, the plaintiff below, against Jonathan Colley. r 7 ° J J
    
    The plaintiff, Latimer,
    
    claimed under a sheriff’s sale to him, by virtue of an execution upon an alias scire facias , . , ^ • X n ,1 , issued against Colley, on a mortgage given by Colley to the executors of Eckart. The original scire facias and the alias were both returned nihil. On the trial of this ejectment, it was proved, that Colley lived on the land a long time before, and at the time when the two scire faciases were taken out r i r and returned. The counsel for the defendant proposed to the Court below, the following question: “Was the legal To which the title to this land vested in George Latimer ?” Court answered, “ that it is was.”
    
      Greenough, for the plaintiff in error,
    contended, that the mortgagor being in possession, it was necessary to serve the scire facias on him, and not having been served, thement was void. Act of 1705. Pure!. Dig. 113.
    
   By The Court.

This is a case which admits of no doubt. The Court of Common Pleas having full jurisdiction, gave judgment on the scire facias, on which judgment an executi°n was issued, the land sold, and a conveyance executed by the sheriff to George Latimer. The legal title was thus vested in him. If the judgment of the Court of Common Pleas was erroneous, it should have been reversed on a writ of error; but remaining in full force, this Court cannot now inquire into any errors which are alleged to exist. The judgment must, therefore, be affirmed.

Judgment affirmed.  