Garro v. Thompson
Supreme Court of Pennsylvania
APPEAL from the decree of the court of common pleas of Mleghany county, appropriating the proceeds of the sale of the real estate of Samuel Thompson. Samuel Thompson, being the owner of a house and lot in the city of Pittsburgh, on the 17th of February 1819 mortgaged the same to the executors of John Woods to secure the purchase money 3500 dollars. On the 13th of September 1819 he executed a second mortgage on the same premises to Patterson and Lambdin for 3000 dollars.
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APPEAL from the decree of the court of common pleas of Mleghany county, appropriating the proceeds of the sale of the real estate of Samuel Thompson. Samuel Thompson, being the owner of a house and lot in the city of Pittsburgh, on the 17th of February 1819 mortgaged the same to the executors of John Woods to secure the purchase money 3500 dollars. On the 13th of September 1819 he executed a second mortgage on the same premises to Patterson and Lambdin for 3000 dollars. On the 3d of November 1819 John Garro obtained a judgment against Samuel Thompson for 2000 dollars. This judgment remained…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The loss attendant on this purchase is one which it was supposed the act. of 1830 was calculated to produce. The design of the legislature was to restore the law to what it was supposed to have been before the decision in Willard v. Norris, sanctioned by that in the Presbyterian Corporation v. Wallace; in the latter of which it was pressed upon us with unusual energy that a mortgage of land sold by a subsequent judgment remained a lien on it. in the hands of the purchaser, and yet that the mortgagee might take satisfaction out of, the…
2Cited by3 opinions
- Berger v. HiesterSupreme Court of Pennsylvania · 1841
- Kuhn's AppealSupreme Court of Pennsylvania · 1845
- Byers v. HochSupreme Court of Pennsylvania · 1849