Legal Opinion

Helmbold v. Man

Supreme Court of Pennsylvania

Decided April 13, 1839PublishedCited by 20 opinions

IN ERROR. This was a writ of error to the Court of Common Pleas of Montgomery County, to remove the record of the. proceedings on a feigned issue, directed by that Court, wherein Daniel Man was the plaintiff and Elizabeth Helmbold the defendant.

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IN ERROR. This was a writ of error to the Court of Common Pleas of Montgomery County, to remove the record of the. proceedings on a feigned issue, directed by that Court, wherein Daniel Man was the plaintiff and Elizabeth Helmbold the defendant. The facts upon which the controversy arose, were mainly as follows: On the 1st of April, 1811, George Helmbold, the owner of a messuage and tract of land in Montgomery County, mortgaged the same to Paul Jones, to secure the payment of $3000. On the next day George Helmbold mortgaged the same premises to Elizabeth Helm-bold, to secure the payment of a…

1Opinion of the Court

*418The opinion of the Court was delivered by

Kennedy, J. —

George Helmbold being the owner in fee of a tract or parcel of land, situate in Montgomery County, on the first day of April, a. d. 1811, mortgaged the same to Paul Jones, in fee, to secure the payment of a debt of three thousand dollars, owing by him to Jones; and on the following day mortgaged the same land again to Elizabeth Helmbold, the plaintiff in error, who was the defendant below, in like manner to secure the payment of a debt owing to her. The debt owing to Paul Jones, not being paid, he sued a scire facias upon his mortgage, out…

2Cases cited2 opinions

  1. Kunkle v. WolfersbergerSupreme Court of Pennsylvania · 1837
  2. Dougherty v. JackSupreme Court of Pennsylvania · 1836

3Cited by20 opinions

  1. Civil Rights CasesSupreme Court of the United States · 1883
  2. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  3. Lipscomb v. StateMississippi Supreme Court · 1897
  4. Campbell v. CarterIllinois Supreme Court · 1853
  5. Moore v. Harrisburg BankSupreme Court of Pennsylvania · 1839

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