Martin v. Greenwood
Superior Court of Pennsylvania
Appeal, No. 185, Oct. T., 1904, by plaintiff, from order of C. P. Del. Co., March T., 103, No. 68, distributing fund in case of Howard L. Martin v. Samuel Greenwood. Scire facias sur mortgage. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 185, Oct. T., 1904, by plaintiff, from order of C. P. Del. Co., March T., 103, No. 68, distributing fund in case of Howard L. Martin v. Samuel Greenwood. Scire facias sur mortgage. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was order distributing the whole fund amounting to $157.85 to the city pf Chester on a municipal lien of March Term, 1902, No. 339, instead of to H. L. Martin whose mortgage was executed on May 1, 1893, and duly recorded.
1Opinion of the Court
Opinion by
Morrison, J.,
Howard L. Martin, the appellant, held a mortgage against Samuel Greenwood, the appellee, dated May 1, 1893, and recorded in Delaware county September 22, 1893. It was a first lien on a lot of land on the north side of Eighteenth street in the city of Chester. On foreclosure proceedings and judgment this lot was sold on a levari facias and purchased by the appellee for $350, on August 1,' 1903; The lot sold was fifty feet front on Eighteenth street. The contest giving rise to this appeal is between the mortgagee and the city of Chester on a paving lien against the land…
2Cases cited9 opinions
- Taylor v. MitchellSupreme Court of Pennsylvania · 1868
- Sproul v. Standard Plate Glass Co.Supreme Court of Pennsylvania · 1902
- Dewart v. PurdySupreme Court of Pennsylvania · 1858
- Commonwealth v. Danville Bessemer Co.Supreme Court of Pennsylvania · 1904
- Appeal of the City of TitusvilleSupreme Court of Pennsylvania · 1885
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- Gibbons v. CochranSuperior Court of Pennsylvania · 1906
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