McIlvain v. Mutual Assurance Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1878, No. 248. Scire facias sur mortgage by the Mutual Assurance Company, assignee of the Pennsylvania Company for Insurance of Lives and Granting Annuities against John Power, owner, and John Palmer, terre-tenant. The pleas were payment with leave, &c., and specially that the amount claimed was not a just proportion of what ought to be levied of the premises.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1878, No. 248. Scire facias sur mortgage by the Mutual Assurance Company, assignee of the Pennsylvania Company for Insurance of Lives and Granting Annuities against John Power, owner, and John Palmer, terre-tenant. The pleas were payment with leave, &c., and specially that the amount claimed was not a just proportion of what ought to be levied of the premises. The replication to the first pleas was non solvit and issue, and to the special plea a common traverse. J. G. Mcllvain, assignee for the benefit of…
1Opinion of the CourtJustice Sterrett
Palmer, the assignor of the plaintiff in error, with actual as well as constructive notice of the mortgage previously given by Power to the Pennsylvania Company, contracted to erect a building on one of the mortgaged lots, and proceeded immediately to fulfil his contract. When the building was up and in process of completion, the mortgage was assigned to the, defendant in error, who three days thereafter recorded the assignment, and released from the *34lien of the mortgage a lot thirty feet front, adjoining the one on which the new building was erected. This was done without any notice or…
2Cases cited3 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Taylor's Executors v. MarisSupreme Court of Pennsylvania · 1835
- James v. BrownMichigan Supreme Court · 1862
3Cited by6 opinions
- Hemperley v. TysonSupreme Court of Pennsylvania · 1895
- First Nat. Bank of Rock Springs v. RoderCourt of Appeals for the Eighth Circuit · 1902
- Hart v. AndersonSupreme Court of Pennsylvania · 1901
- Blanchette v. FarschSouth Dakota Supreme Court · 1904
- Turner ex rel. Hartman v. FlennikenSupreme Court of Pennsylvania · 1894
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