Tenbrooke v. Jahke
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of January Term 1873, No. 227. This was a scire facias sur mortgage, issued October 26th 1871, at the suit of William E. Tenbrooke against Henry Jahke.
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Error to the District Court of Philadelphia: Of January Term 1873, No. 227. This was a scire facias sur mortgage, issued October 26th 1871, at the suit of William E. Tenbrooke against Henry Jahke. The mortgage was dated September 20th 1869, and was given to secure $1000, part of the purchase-money of a lot of ground in the Twenty-fourth ward, Philadelphia, marked as No. 10, the plaintiff having purchased it with lot No. 8, on the 9th of March 1869, at a master’s sale, under proceedings in partition of the estate of Pritchett. The defence wms that after the purchase of the lot by the…
1Opinion of the Court
Mr. Justice Passoít
delivered the opinion of the court,
We do not find any serious error in either of the first six specifications. The seventh refers to the refusal of the learned judge to answer the points submitted to him by the counsel of the plaintiff. We think such refusal was error. The sixth and seventh points were not answered in the general charge, and should have been affirmed. A party who applies for it is entitled to a clear and distinct instruction on the rule of law applicable to his case, and it is error to withhold it: Slaymaker v. St. John, 5 Watts 27.
The remaining assignments…
2Cases cited1 opinion
- Slaymaker v. St JohnSupreme Court of Pennsylvania · 1836
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