Cowan v. Getty
Supreme Court of Pennsylvania
ERROR to the district court of Alleghany county. Hugh Cowan against Samuel Getty. Ejectment. In the year 1809, Jeremiah Wright was seised of the land in dispute, and on the 11th of September, in that year, he mortgaged the same to John M’Michael, for the sum of 297 dollars. On the 19th of September 1811, Jeremiah Wright entered into an article of agreement with Hugh Sterling and Isabella Noble, for the sale of the same tract of land.
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ERROR to the district court of Alleghany county. Hugh Cowan against Samuel Getty. Ejectment. In the year 1809, Jeremiah Wright was seised of the land in dispute, and on the 11th of September, in that year, he mortgaged the same to John M’Michael, for the sum of 297 dollars. On the 19th of September 1811, Jeremiah Wright entered into an article of agreement with Hugh Sterling and Isabella Noble, for the sale of the same tract of land. And on the 1st of October following Jeremiah Wright and wife executed a deed for the premises, to Hugh Sterling, for the sum of 794 dollars. On the' 12th of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The defence in this ejectment was, that the money due on the mortgage had been fully paid and satisfied before the institution of the scire facias in which judgment was obtained, execution issued, and the land sold by the sheriff to the present plaintiff. And the question is, whether a return of service of the scire facias on a tenant in possession under the alienee of the mortgagor, who holds by a deed subsequent to the mortgage, is such a service that the judgment therein binds the alienee, without further proof of his knowledge of the…
2Cited by1 opinion
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