Lessee of Simpson v. Ammons
Supreme Court of Pennsylvania
I this cause a case was stated for the opinion of the court, which in substance was as follows: 7ohn Baynton, Samuel Wharton, and George Morgan, were seised in fee as join-tenants of the premises in question on the 1st of August 1767. On the 11th of November 1769, Baynton and wife, Ikiorgan and wife, and Baynton for Wharton, but without any autho., ritv from him, executed a mortgage of the premises to Benjamin Marshall.
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I this cause a case was stated for the opinion of the court, which in substance was as follows: 7ohn Baynton, Samuel Wharton, and George Morgan, were seised in fee as join-tenants of the premises in question on the 1st of August 1767. On the 11th of November 1769, Baynton and wife, Ikiorgan and wife, and Baynton for Wharton, but without any autho., ritv from him, executed a mortgage of the premises to Benjamin Marshall. After the death of Marshall the mortgagee, his administrators on the 15th 7anuary 1801, assigned the mortgage to the lessor of the plaintiff. Baynton. and Wharton died before…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
This case comes before the court, on a case stated for their opinion.
Baynton, Wharton, and Morgan, being seised in fee simple as jointenants of the land in question, a mortgage was executed by Baynton and Morgan, and by Baynton for Wharton, to Benjamin Marshall; but Baynton had no authority to execute the mortgage in the name of Wharton. The administrators of Marshall, who is dead, assigned this mortgage to the lessor of the plaintiff, who also obtained a conveyance of the whole land from Morgan, since the death of Baynton and Wharton. On this…
2Cases cited1 opinion
- Kennedy v. FurySupreme Court of the United States · 1783
3Cited by22 opinions
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- Lawler v. ByrneIllinois Supreme Court · 1911
- Estate of KotzSupreme Court of Pennsylvania · 1979
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