Pepper's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Philadelphia: Of January Term 1873, No. 199. This case arose under the following facts: On the 16th of February 1869, Mary J. Pennypacker executed a bond and mortgage to David F. Schuler for $2000. On the 27th of the same month, Schuler executed a power of attorney to Raimond D. Fox, to sell, assign, &c., all his real and personal property, &c.; by virtue of this power of attorney, Fox assigned the mortgage to Carroll Neide, on the 28th of…
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Appeal from the District Court of Philadelphia: Of January Term 1873, No. 199. This case arose under the following facts: On the 16th of February 1869, Mary J. Pennypacker executed a bond and mortgage to David F. Schuler for $2000. On the 27th of the same month, Schuler executed a power of attorney to Raimond D. Fox, to sell, assign, &c., all his real and personal property, &c.; by virtue of this power of attorney, Fox assigned the mortgage to Carroll Neide, on the 28th of May 1869. The assignment was recorded the same day. The mortgage and bond, with the assignment, were left in the…
1Opinion of the CourtJustice Mercur
The contention in this case is between two claimants for the money collected on a mortgage. Each has an assignment for a valuable consideration duly executed by the attorney of the mortgagee.
The assignment to the appellee was made on the 28th May 1869, and duly recorded on the same day. The one to the appellant was executed on the 7th February 1870, and recorded two days thereafter. -The question raised by the first assignment is whether the recording of the first assignment was notice to the appellant.
The 14th section of the Act of 9th April 1849, Purd. Dig. 471, pi. 66, declares “ all…
2Cases cited4 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Leving v. WillSupreme Court of the United States · 1789
- Brotherton v. LivingstonSupreme Court of Pennsylvania · 1842
- Evans v. JonesSupreme Court of Pennsylvania · 1792
3Cited by11 opinions
- Merscorp, Inc. v. Del. Cnty.Supreme Court of Pennsylvania · 2019
- Montgomery County Ex Rel. Becker v. MERSCORP Inc.Court of Appeals for the Third Circuit · 2015
- Montgomery County ex rel. Becker v. Merscorp, Inc.District Court, E.D. Pennsylvania · 2014
- Evans v. JonesSupreme Court of Pennsylvania · 1792
- Holland Furnace Co. v. Ealer, Pennsylvania Court of Common Pleas, Northampton County1933
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