Leving v. Will
Supreme Court of the United States
This action was tried at July term, 1788, when, by ccnsent, a verdict was given for the plaintiff, for the sum of 687i., 5s., with six pence costs, subject to the opinion of the court on the following facts : . “ The plaintiff executed and acknowledged a mortgage, on the 3d day of September 1782, which was recorded on the 30th of October 1783. The mortgaged premises being sold by the defendant, then sheriff of the city and county of Philadelphia, the balance, after deducting…
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This action was tried at July term, 1788, when, by ccnsent, a verdict was given for the plaintiff, for the sum of 687i., 5s., with six pence costs, subject to the opinion of the court on the following facts : . “ The plaintiff executed and acknowledged a mortgage, on the 3d day of September 1782, which was recorded on the 30th of October 1783. The mortgaged premises being sold by the defendant, then sheriff of the city and county of Philadelphia, the balance, after deducting the sum for which the land had'been sold, was paid to the mortgagee. Afterwards, to wit, on the 16th of July 1785, the…
1Opinion of the Court
The cause having been for some time under advisement, the chief justice delivered the opinion of the court as follows :
McKean, Chief Justice.
The judgment in this case depends upon the construction of the acts of assembly. 1 State Laws, pages 79 and 520.
It is to be premised, that the reason which induced the legislature to make such acts as take away the common law, may be, and usually is, urged, as the rule by which the acts ought to be construed. In doubtful cases, therefore, we may enlarge the construction of an act of assembly, according to the reason and sense of the law-makers, either…
2Cases cited4 opinions
- Wilt v. FranklinSupreme Court of Pennsylvania · 1809
- Seagrove v. RedmanSupreme Court of Pennsylvania · 1797
- Lessee of Church v. ChurchSupreme Court of Pennsylvania · 1806
- Lessee of Porter v. FergusonSupreme Court of Pennsylvania · 1800
3Cited by15 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Willson v. Graphol Products Co., IncCourt of Customs and Patent Appeals · 1951
- Britton's AppealSupreme Court of Pennsylvania · 1863
- Pepper's AppealSupreme Court of Pennsylvania · 1875
- Pollock v. HallSupreme Court of Pennsylvania · 1800
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