Semple v. Burd ex rel. Wilkins
Supreme Court of Pennsylvania
In Error. ERROR to the Court'of Common-Pleas of Allegheny county. - : Debt on: bond, brought by James Burd, for the use of j0fm Wilkins, and James Ross, against James Semple. The facts, rs they appeared from the opinion of the Court below,' which was filed of record, were these. The bond; on which the action was brought, was given in part payment of a tract . _ . _ , 1 ' of land sold, by aura to ¿¡empte; a -conveyance of the land was made and possession delivered.
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In Error. ERROR to the Court'of Common-Pleas of Allegheny county. - : Debt on: bond, brought by James Burd, for the use of j0fm Wilkins, and James Ross, against James Semple. The facts, rs they appeared from the opinion of the Court below,' which was filed of record, were these. The bond; on which the action was brought, was given in part payment of a tract . _ . _ , 1 ' of land sold, by aura to ¿¡empte; a -conveyance of the land was made and possession delivered. A mortgage was given to Burd, to secure the unsatisfied purchase money, which he neglected to put on.record within six months. ■…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The facts as they appear from the opinion filed, are briefly these. The bond on which the action was brought, was given in part'payment of a tract of land, sold by Burd to Semple, a conveyance of the land made, and possession delivered. A mortgage wds given to Burd, to secure the unsatisfied purchase • money, which he neglected to put on record within six months. A judgment was afterwards obtained by Dunning McNair against James Semple. The land was sold by the Sheriff to Ross and Wilkins, for its full value, *289which did not discharge the…
2Cases cited3 opinions
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Jackson ex dem. Tuthill v. DuboisNew York Supreme Court · 1809
- Leving v. WillSupreme Court of the United States · 1789
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- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
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- M'Mechan v. GriffingMassachusetts Supreme Judicial Court · 1825
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