Wasserman v. Carroll
Superior Court of Pennsylvania
Appeal, No. 33, Nov. T., 1896, by Mary J. Carroll, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1894, No. 264, in favor of plaintiff. Sci. fa. sur mortgage. In the matter of the distribution of funds arising from sheriff’s sale. This was an action originally begun in the court below upon a mortgage given by Thos. J. Carroll to one Josephine Clare for $1,000 under date of January 18, 1884, and assigned on December 4, 1893, to Joseph Wasserman, the plaintiff below.
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Appeal, No. 33, Nov. T., 1896, by Mary J. Carroll, from judgment of C. P. No. 3, Phila. Co., Dee. T., 1894, No. 264, in favor of plaintiff. Sci. fa. sur mortgage. In the matter of the distribution of funds arising from sheriff’s sale. This was an action originally begun in the court below upon a mortgage given by Thos. J. Carroll to one Josephine Clare for $1,000 under date of January 18, 1884, and assigned on December 4, 1893, to Joseph Wasserman, the plaintiff below. Judgment was obtained on said mortgage on January 30,1895, and damages assessed at $1,086. A levari facias was issued upon…
1Opinion of the Court
Opinion by
Willard, J.,
By a conveyance sufficient in law, Mary J. Carroll, wife of Thomas J. Carroll, on July 14, 1888, became the grantee and owner in her own right of a ground rent of $21.00 per annum charged upon the premises No. 706 Jamison street in the city of Philadelphia. By the grant and conveyance to her she was vested with a real interest in the premises capable of conveyance or extinguishment by deed and that might be taken in execution and sold as realty. By virtue of this interest, so vested in her, she claimed rent in arrear before the auditor in the court below, which was…
2Cases cited3 opinions
- Hatz's AppealSupreme Court of Pennsylvania · 1861
- Heartley v. BeaumSupreme Court of Pennsylvania · 1845
- Klein v. CaldwellSupreme Court of Pennsylvania · 1879
3Cited by1 opinion
- Crain v. WarnerSuperior Court of Pennsylvania · 1926