Legal Opinion

Hart v. Anderson

Supreme Court of Pennsylvania

Decided March 25, 1901No. Appeal, No. 298PublishedCited by 3 opinions

Appeal, No. 298, Jan. T., 1900, by plaintiff, from order of C. P. No. 3, Pbila. Co., June T., 1900, No. 991, refusing rule for judgment for want of a sufficient affidavit of defense in case of I. Wilfred Hart, Assignee of the Poughkeepsie National Bank, v. Robert Anderson. Scire facias sur mortgage. Rule for judgment for want of a sufficient affidavit of defense. The facts are fully stated in the opinion of the Supreme Court.

1Opinion of the Court

Opinión by

Mb. Justice Mestbezat,

Robert Anderson, the defendant, being the owner of two pieces of land in the thirty-fourth ward of the city of Philadelphia, mortgaged it to the Poughkeepsie National Bank, to secure the payment of $24,000. The mortgage is dated October 3, 1898, and was recorded October 6, 1898. Anderson subsequently divided one piece of the land into thirty-three building lots, which he conveyed on October 5, 1898, by separate deeds to Lewis Fodell, reserving a ground rent on each lot. On the same day Fodell conveyed the lots, subject to the ground rents, to B. L. Neiman, who…

2Cases cited2 opinions

  1. Irwin v. Bank of the United StatesSupreme Court of Pennsylvania · 1845
  2. McIlvain v. Mutual Assurance Co.Supreme Court of Pennsylvania · 1880

3Cited by3 opinions

  1. First Nat. Bank of Rock Springs v. RoderCourt of Appeals for the Eighth Circuit · 1902
  2. Huehner v. FisherSuperior Court of Pennsylvania · 1915
  3. Land Title Bank & Trust Co. v. Winkelman, Pennsylvania Court of Common Pleas, Philadelphia County1937

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