Magaw v. Garrett
Supreme Court of Pennsylvania
Error to the Common Pleas of Mercer county. This was a scire facias upon a mortgage by William A. V. Magaw against John P. Garrett and J. R. Mills, with notice to John J. Spearman and Benjamin Spearman, terre tenants. The facts of the case, and the points arising on the record, are fully stated in the opinion of his Honour Justice Knox.
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
This was a scire facias on a mortgage, and the only question presented by the case is, Whether the lien of the mortgage was divested by a sheriff’s sale upon a judgment ?
The facts were these: — Garrett and Magaw owned the land in dispute, as tenants in common. On the 8th of March, 1848, Magaw sold his interest in the land to Mills for the sum of ¡§1000, for which a judgment-bond was given by Mills to Magaw, and entered in the Common Pleas upon the same day that the deed was delivered. Garrett and Magaw had erected a furnace upon the property,…
2Cited by10 opinions
- Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
- Liss v. Medary HomesSupreme Court of Pennsylvania · 1957
- Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
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