Fries v. Null
Supreme Court of Pennsylvania
Appeal, No. 1, Oct. T., 1892, by defendants, Francis M. Null and Hester Null, from judgment of C. P. Westmoreland Co., Aug. T., 1886, No. 124, on verdict for plaintiff, Jesse Fries. Scire facias sur judgment in ejectment. The evidence on the trial, before Doty, P. J., was to the following effect: F. M. Null, Jr., one of defendants, became the owner in severalty, on March 28, 1871, of a tract of land in East Huntingdon township, Westmoreland county.
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Appeal, No. 1, Oct. T., 1892, by defendants, Francis M. Null and Hester Null, from judgment of C. P. Westmoreland Co., Aug. T., 1886, No. 124, on verdict for plaintiff, Jesse Fries. Scire facias sur judgment in ejectment. The evidence on the trial, before Doty, P. J., was to the following effect: F. M. Null, Jr., one of defendants, became the owner in severalty, on March 28, 1871, of a tract of land in East Huntingdon township, Westmoreland county. While still seized, on April 2,1875, he delivered a mortgage on eighty-one acres of this tract, reserving the coal and mining rights, to Hester…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
It certainly must be conceded, under all the decisions, that if both the mortgage and the deed were unrecorded within six months from the date of their execution, the mortgage of Hester Null would have preference over the deed of Fries, although at the time that Fries took his deed the mortgage was not recorded, and he had no notice of it. But it is contended for the appellee that because Fries had six months within which to record his deed by the terms of the act of 1775, and he actually did record it one day before the six months expired, he has priority over the…
2Cases cited5 opinions
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- Janney v. HowardSupreme Court of Pennsylvania · 1892
- Pennsylvania Salt Manufacturing Co. v. NeelSupreme Court of Pennsylvania · 1867
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3Cited by10 opinions
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- English v. RossDistrict Court, M.D. Pennsylvania · 1905
- Smith v. YoungSupreme Court of Pennsylvania · 1918
- Southwestern National Bank v. RiegnerSupreme Court of Pennsylvania · 1927
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