Legal Opinion

Wilson v. McCullough

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 7 opinions

Error to the Common Pleas of Cumberland county. Ejectment by Thomas S. Wilson and others v. D. W. McCullough and others, for 2050 acres of land, called the Cumberland Furnace Estate. This is the same case, reports of which exist in 7 Harris 77, &c., and in 9 Harris 436, &c.

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Error to the Common Pleas of Cumberland county. Ejectment by Thomas S. Wilson and others v. D. W. McCullough and others, for 2050 acres of land, called the Cumberland Furnace Estate. This is the same case, reports of which exist in 7 Harris 77, &c., and in 9 Harris 436, &c. The plaintiffs below claimed one undivided half of the property in question under a marriage settlement between James Wilson and Thomas Duncan and Thomas Carothers, guardians of Eliza Ege, dated the 21st of July, 1817, and recorded on the 22d July, 1823 ; and the whole of the property as heirs at law of Eliza Wilson,…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

The validity of the marriage articles having been established, when the case was here in 1852 (7 Harris 77), the great question on the last trial of the cause was, whether the*bank had notice of them when the mortgage of 12th December, 1821, was taken. The bank was a mortgagee without constructive notice, for the articles were not recorded until some months after the mortgage was duly executed and recorded. Had the bank actual notice ? The plaintiffs held the affirmative of this question, and the burden of proof was on them. The evidence…

2Cases cited2 opinions

  1. Jaques v. WeeksSupreme Court of Pennsylvania · 1838
  2. Kerns v. SwopeSupreme Court of Pennsylvania · 1833

3Cited by7 opinions

  1. Anderson v. BrinserSupreme Court of Pennsylvania · 1889
  2. Smith v. MillerSupreme Court of Pennsylvania · 1929
  3. Quigley v. Breyer Corp.Supreme Court of Pennsylvania · 1949
  4. Sitte v. TonneNorth Dakota Supreme Court · 1926
  5. Dennis v. Atlanta Nat. Building & Loan Ass'nCourt of Appeals for the Fifth Circuit · 1905

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