Sanderson v. Phinney
Supreme Court of Pennsylvania
This was an action of ejectment in the Common Pleas of Luzerne County, and was originally reported in 4 Luzerne Legal Observer, page 26. The opinion of the Court was as follows per:
1Opinion of the CourtConyngham, P. J.
Two questions under the facts submitted have been argued by counsel, while there is a third one, which, in our opinion, must arise; these we shall notice in order.
The first point raised is, that even supposing the proceedings upon the scire facias sur mortgage, with the judgment therein, to be so far correct, as it respects form and record, it cannot now avail the defendants claiming under a sale by virtue thereof, because from the showing of the mortgage, it is manifest that the whole mortgage money was not due at the time of commencing the suit, and that in consequence, the statutory period…
2Cases cited4 opinions
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Hazelett v. FordSupreme Court of Pennsylvania · 1840
- Burdick v. NorrisSupreme Court of Pennsylvania · 1833
- Inman v. KutzSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- Gelston v. DonnonSuperior Court of Pennsylvania · 1910