Tryon v. Munson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county: No. 14, to September Term 1874. This was an action of ejectment, brought March 2d 1867, in the Court of Common Pleas of Schuylkill county, by George K. Tryon and James J. Dull, against Samuel A. Munson, James W. Williams and Helen E. M. Williams, his wife, William Cambie and Charlemagne Tower, for a tract of 436 acres 26 perches of land in Lower Mahantongo township.
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Error to the Court of Common Pleas of Columbia county: No. 14, to September Term 1874. This was an action of ejectment, brought March 2d 1867, in the Court of Common Pleas of Schuylkill county, by George K. Tryon and James J. Dull, against Samuel A. Munson, James W. Williams and Helen E. M. Williams, his wife, William Cambie and Charlemagne Tower, for a tract of 436 acres 26 perches of land in Lower Mahantongo township. Munson and the Williams’ claimed the ownership ; Cambie was their tenant and Tower their agent. Under an Act of Assembly for that purpose, the cause was, on the 3d of February…
1Opinion of the CourtChief Justice Agnew
Without following the order of the assignments of error, this case may be discussed, so far as needful, under four heads, viz.:—
1. Was there a valid mortgage by James Wilson of the land surveyed on the warrant to Philip Miller ?
2. Was the proceeding by scire facias against the administrator valid, and was it binding on the heirs of Judge Wilson?
3. Was the record in evidence sufficient to support the sheriff’s sale?
4. Hid the sale extinguish the title of these heirs?
The objection to the validity of the mortgage of Judge Wilson to Charles Wollstonecraft and others is, that it bore date on the…
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