Legal Opinion

Luch's Appeal

Supreme Court of Pennsylvania

Decided January 13, 1862PublishedCited by 5 opinions

Appeal from the Common Pleas of Northampton county. This was an appeal by Albert P. Luch from the decree of the Common Pleas, distributing the proceeds of the sheriff’s sale of the real estate of Parmonio Ricksecker. The case was this: — On the 25th of November 1847 Parmonio Ricksecker was indebted to Albert L. Luch, the appellant, in the sum of $105 on a> promissory note.

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Appeal from the Common Pleas of Northampton county. This was an appeal by Albert P. Luch from the decree of the Common Pleas, distributing the proceeds of the sheriff’s sale of the real estate of Parmonio Ricksecker. The case was this: — On the 25th of November 1847 Parmonio Ricksecker was indebted to Albert L. Luch, the appellant, in the sum of $105 on a> promissory note. On the 11th of December 1857, he delivered to Albert P. Luch the following paper:— “ This is to certify, that I have this day left in the hands of Albert P. Luch two deeds for lot No. 99 Fourth street and-for lot No. 101…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

There is no parol equitable mortgage of lands by the deposit of title of deeds in Pennsylvania. In the present case, there is a written paper under seal in these words:—

“ This is to certify that I have this day left in the hands of Albert P. Luch, two deeds for lot No. 99 Fourth street, and for lot No. 101 Fourth street — Wetherill as collateral security for a certain note of hand, given by me November 26th 1857, and for the better security of the said note, amount of which note is $105, promising that should I fail to pay the note in…

2Cases cited1 opinion

  1. M'Lanahan v. ReesideSupreme Court of Pennsylvania · 1840

3Cited by5 opinions

  1. Farabee v. McKerrihanSupreme Court of Pennsylvania · 1896
  2. Hams v. MarshallCourt of Appeals for the Second Circuit · 1930
  3. Prouty v. MarshallSuperior Court of Pennsylvania · 1908
  4. MERSCORP v. Delaware Co., Aplts.Supreme Court of Pennsylvania · 2019
  5. Merscorp, Inc. v. Del. Cnty.Supreme Court of Pennsylvania · 2019

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