Berryhill v. Kirchner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 279. Ejectment by John IT. Kirchner against Alexander Berryhill, for a lot of ground in the Fourth ward of the city of Allegheny. On the 8th of May 1866, Alexander Berryhill, Sr.-, was the owner of a lot of ground in Allegheny city, of which the premises in dispute formed a part.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 279. Ejectment by John IT. Kirchner against Alexander Berryhill, for a lot of ground in the Fourth ward of the city of Allegheny. On the 8th of May 1866, Alexander Berryhill, Sr.-, was the owner of a lot of ground in Allegheny city, of which the premises in dispute formed a part. At that time he executed and delivered to Eliza Rector (now Eliza Barndollar), a deed for said lot. No consideration passed for said deed, and it remained unrecorded until the 4th of January 1868. It was claimed by…
1Opinion of the CourtJustice Gordon
A mortgage is the conveyance of an estate or property by way of pledge for the security of debt, and to become void on payment of it: 4 Kent’s Com. 136.
If this definition of a mortgage be a true one, and we presume no one will doubt it, and if Mrs. Barndollar (formerly Rector), had parted with her estate in the premises in controversy previously to the 20th of May 1876, then it is certain she had, at that time, no estate to pledge and her mortgage was good for nothing.’ That the Berryhill heirs received from her a portion, or even all, of the proceeds of that mortgage, comes to nothing, for…
2Cited by2 opinions
- Dick v. Miller, Pennsylvania Court of Common Pleas, Adams County1922
- Leyer v. Keal & GeorgeSuperior Court of Pennsylvania · 1927