Anderson v. Kern
Supreme Court of Pennsylvania
Appeal, No. 73, Jan. T., 1917, by B. F. Davis, terre-tenant, from judgment of C. P. Lancaster Co., October T., 1913, No. 36, on directed verdict for plaintiff on scire facias sur mortgage in case of William Anderson, to the use of James G. Fowkes, now to the use of John E. Malone, v. Emanuel Kern, Mortgagor, with notice to B. F. Davis, Terre-Tenant. Scire facias sur mortgage.- Before Hassler, J. The opinion of the Supreme Court states the case.
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Appeal, No. 73, Jan. T., 1917, by B. F. Davis, terre-tenant, from judgment of C. P. Lancaster Co., October T., 1913, No. 36, on directed verdict for plaintiff on scire facias sur mortgage in case of William Anderson, to the use of James G. Fowkes, now to the use of John E. Malone, v. Emanuel Kern, Mortgagor, with notice to B. F. Davis, Terre-Tenant. Scire facias sur mortgage.- Before Hassler, J. The opinion of the Supreme Court states the case. The court directed a verdict for the plaintiff and judgment was entered thereon. B. F. Davis, terre-tenant, appealed. . Errors assigned were various…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
On March 3, 1899, Emanuel Kern, being the owner of a piece of land containing about nine and one-half acres and situated at Safe Harbor, Lancaster County, Pa., executed a mortgage thereon to William C. Anderson for five thousand dollars, which was accompanied by a bond. On May 12, 1900, Anderson, by an assignment absolute upon its face, transferred the mortgage and accompanying bond to James G. Fowkes, together with Kern’s certificate of no defense. The mortgage and assignment were duly recorded. Thereafter, in December, 1900, Fowkes was adjudged a bankrupt, and…
2Cases cited4 opinions
- Lindsay v. DuttonSupreme Court of Pennsylvania · 1910
- National Bank v. ThomasSupreme Court of Pennsylvania · 1908
- Beaver Borough v. Beaver Valley RailroadSupreme Court of Pennsylvania · 1907
- Brownell v. OviattSupreme Court of Pennsylvania · 1906
3Cited by2 opinions
- Bohm v. Dolata (In Re Dolata)United States Bankruptcy Court, W.D. Pennsylvania · 2004
- In Re AlcideUnited States Bankruptcy Court, E.D. Pennsylvania · 2011