Legal Opinion

Gossin v. Brown

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 4 opinions

Error to the District Court of Allegheny. Sept. 22. This was an action of ejectment, in which James Brown was plaintiff, and George Gossin, the tenant in possession, and Harmar Denny, his lessor, were the defendants.

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Error to the District Court of Allegheny. Sept. 22. This was an action of ejectment, in which James Brown was plaintiff, and George Gossin, the tenant in possession, and Harmar Denny, his lessor, were the defendants. The facts of the case are presented very fully in the following summary prepared by the plaintiffs in error, who were the defendants below:— “ The property in controversy — lot No. 10, in Lawrenceville — wa,s owned by Gossin, under whom Brown and Denny claim title. 13th Sept. 1836, Gossin and wife conveyed in fee to Denny a part of said lot for the consideration of $1,000. Denny…

1Opinion of the Court

The opinion of this court was delivered by

Bell, J.

It is conceded that the conveyances from Gossin to Denny being modified by unrecorded defeasances, are to be regarded as unrecorded mortgages, and, therefore, subject to be postponed to the subsequent mortgage executed to Harding. This leaves, *531as the only question in the cause for decision, whether Brown, the plaintiff below, is entitled to the benefit of the latter security by way of substitution ? This question, we think, under the principles settled by repeated decisions in Pennsylvania, admits of but one answer, almost to be deduced from a…

2Cases cited2 opinions

  1. Fleming v. BeaverSupreme Court of Pennsylvania · 1828
  2. Kinley v. HillSupreme Court of Pennsylvania · 1842

3Cited by4 opinions

  1. Assigned Estate of Graff, Bennett & Co.Supreme Court of Pennsylvania · 1891
  2. Lit Brothers v. GoodmanSuperior Court of Pennsylvania · 1940
  3. Standard Accident Insurance v. MuellerAppellate Court of Illinois · 1937
  4. Hill v. DennistonSupreme Court of Pennsylvania · 1900

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