Legal Opinion

Corporation for the Relief of Poor Distressed Presbyterian v. Wallace

Supreme Court of Pennsylvania

Decided March 21, 1831PublishedCited by 74 opinions

This was a scire facias on a mortgage issued in this court to March Term, 1822, hy the plaintiffs against John B. Wallace and Susan his wife, mortgagors, and James Hunter, Joseph P. Smith„ Charles Stewart’s heirs, George Pepper, and Dorothy and Susan Davis, terre-tenants. * The counsel of the parties agreed upon a special verdict, which disclosed the following facts.

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This was a scire facias on a mortgage issued in this court to March Term, 1822, hy the plaintiffs against John B. Wallace and Susan his wife, mortgagors, and James Hunter, Joseph P. Smith„ Charles Stewart’s heirs, George Pepper, and Dorothy and Susan Davis, terre-tenants. * The counsel of the parties agreed upon a special verdict, which disclosed the following facts. On the fourth of September, 1805, John B. Wallace, Esq. and wife, mortgaged the premises described in the scire facias as city lots, Nos. 2017, 2018, and 2019, to the plaintiffs, for the payment of four thousand one hundred and…

1Opinion of the Court

The opinions of the court were delivered by

Gibson, C. J.

No prudent judge will disregard an opinion of the bar. During an experience of fifteen years in this court, I have seldom found one of its decisions received with disapprobation at the bar, which did not contain something which called for revision. But professional opinion, though valuable as a test of judicial decision, is not infallible. The principle recognized in Willard v. Norris, was viewed in a particular part of the state, as a portentous novelty; yet a little consideration would have shown it to be a familiar part of the…

2Cases cited38 opinions

  1. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  2. Hughes v. EdwardsSupreme Court of the United States · 1824
  3. Rankin v. ScottSupreme Court of the United States · 1827
  4. Thelusson v. SmithSupreme Court of the United States · 1817
  5. Hayes v. WardNew York Court of Chancery · 1819

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3Cited by74 opinions

  1. United States v. Charles ShueCourt of Appeals for the Seventh Circuit · 1987
  2. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  3. Julian C. Bethel v. United StatesCourt of Appeals for the Seventh Circuit · 2006
  4. Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
  5. United States v. FordCourt of Appeals for the Tenth Circuit · 2010

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