Legal Opinion

Mather v. Clark

Supreme Court of Pennsylvania

Decided June 15, 1833PublishedCited by 14 opinions

ERROR to the common pleas .of Bradford county. This was an ejectment by John Mather against Benjamin Clark and terre tenants for a tract of land. On the 2d of October 1809 Thomas Overton conveyed the land to Benjamin Clark the defendant; and afterwards, on the 31st of October 1809, he executed a mortgage on the same land to George Fox, Joseph P. Morris and Jonathan Smith, to secure the payment of 2500 dollars.

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ERROR to the common pleas .of Bradford county. This was an ejectment by John Mather against Benjamin Clark and terre tenants for a tract of land. On the 2d of October 1809 Thomas Overton conveyed the land to Benjamin Clark the defendant; and afterwards, on the 31st of October 1809, he executed a mortgage on the same land to George Fox, Joseph P. Morris and Jonathan Smith, to secure the payment of 2500 dollars. The mortgage was recorded on the 31st of January 1810, the conveyance on the 3d of' September 1810. The mortgage was sued by writ of scire facias to May term 1825, by George Fox and…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

To prevent misapprehension on the part of the jury it is highly necessary that the court, in charging them on any point of law at the instance of either party, should be careful, where the facts out of which the question or point arises, are controverted by the parties, not to direct the jury on the point of law as if the facts were conceded to be as assumed or claimed by the party at whose request the jury are so charged; because it must be obvious that they may be imposed on or misled in regard to their duty, which is, to ascertain first,…

2Cases cited2 opinions

  1. Nace v. HollenbackSupreme Court of Pennsylvania · 1815
  2. Blythe v. M'ClinticSupreme Court of Pennsylvania · 1821

3Cited by14 opinions

  1. Tryon v. MunsonSupreme Court of Pennsylvania · 1875
  2. Federal Land Bank of Balto. v. KingSupreme Court of Pennsylvania · 1928
  3. Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
  4. Koons v. HartmanSupreme Court of Pennsylvania · 1838
  5. Wallace v. BlairSupreme Court of Pennsylvania · 1854

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