Warder v. Tainter
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. This was an ejectment by Charles Tainter and others against the 'ecutors of John Warder for four hundred and ninety acres of land. ~homas Overton being the owner of a tract of land containing ‘in 538ÍTh. iohr hundred and ninety acres and a half, and allowances, &c. the county of Luzerne, on the 6th day of January 1812 conveyed the same to one Charles Tainter, the father of the defendants in error.
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ERROR to the common pleas of Luzerne county. This was an ejectment by Charles Tainter and others against the 'ecutors of John Warder for four hundred and ninety acres of land. ~homas Overton being the owner of a tract of land containing ‘in 538ÍTh. iohr hundred and ninety acres and a half, and allowances, &c. the county of Luzerne, on the 6th day of January 1812 conveyed the same to one Charles Tainter, the father of the defendants in error. The consideration recited in the deed is 1000 dollars, no part of which was paid ; but a mortgage was given of the premises by Tainter to Overton for the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—All the errors assigned present, at most, but two questions. First, was it competent for the plaintiffs to impeach and annul the judgment in the scire facias on the mortgage, and the sale of the land under it, by showing that the mortgagor was dead before *274the impetration of the first writ of scire facias? The second is, was the court right in charging the jury that to entitle the plaintiffs below to recover the possession of the land, it was not necessary for them to tender the mortgage debt with the interest due thereon before the…
2Cases cited2 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Stymets v. BrookNew York Supreme Court · 1833
3Cited by43 opinions
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Claflin v. DunneIllinois Supreme Court · 1889
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Danforth v. DanforthIllinois Supreme Court · 1884
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