Legal Opinion

Pierce v. Potter

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 10 opinions

ERROR to the common pleas of Crawford county. Amos Pierce against Samuel Potter. Action on the case for refusing to enter satisfaction on a mortgage ; in which the following facts were agreed to be considered in the nature of a special verdict.

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ERROR to the common pleas of Crawford county. Amos Pierce against Samuel Potter. Action on the case for refusing to enter satisfaction on a mortgage ; in which the following facts were agreed to be considered in the nature of a special verdict. On the 19th of April 1832 the defendant, the fee simple owner of one hundred and thirty acres of land in Conneaut township, Crawford county, sold and conveyed the same, with the personal property thereon, consisting of hay-stacks, &c., in value 1000 dollars, to the plaintiff for 2500 dollars, including the personal property; and to secure the payment…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This action was instituted by the plaintiff in error, in the court below, against the defendant, to recover a forfeiture not exceeding the amount of a mortgage given by the plaintiff to the defendant, securing the payment of 2500 dollars, to be paid in instalments, for not having, within three months after request and a tender of reasonable charges for doing so, entered satisfaction upon the margin of the record of said mortgage. The plaintiff claims a right to recover under the requisition of an act of assembly passed the 27th of May 1715,…

2Cases cited3 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Willard v. NorrisSupreme Court of Pennsylvania · 1829
  3. Henry v. SimsSupreme Court of Pennsylvania · 1836

3Cited by10 opinions

  1. Poweshiek County v. DennisonSupreme Court of Iowa · 1873
  2. Barker v. BellSupreme Court of Alabama · 1861
  3. Berger v. HiesterSupreme Court of Pennsylvania · 1841
  4. Wilhelm v. LeeHigh Court of Chancery of Maryland · 1849
  5. Commonwealth v. WilsonSupreme Court of Pennsylvania · 1859

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