Perry v. Brinton
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias on a mortgage given hy William Perry to Sarah Brinton, the testator of the plaintiff, issued in the name of George Brinton, executor of the will of Sarah Brinton vs. William Perry and Samuel E. Blair, terre tenant. The mortgage, in suit, was dated 15th October, 1886, and was recorded on the same day, and was given to secure payment of the mortgagor’s bond, in five years from the date.
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Error to the District Court of Philadelphia. This was a scire facias on a mortgage given hy William Perry to Sarah Brinton, the testator of the plaintiff, issued in the name of George Brinton, executor of the will of Sarah Brinton vs. William Perry and Samuel E. Blair, terre tenant. The mortgage, in suit, was dated 15th October, 1886, and was recorded on the same day, and was given to secure payment of the mortgagor’s bond, in five years from the date. The terre tenant Blair made defence: The substance of the defence was, that on the 6th September, 1841, the mortgaged premises were sold hy…
1Opinion of the Court
The opinion of the Court was delivered by
Bell, J.
The single question presented by the affidavit of defence is said to be, whether the lien of a mortgage dated and recorded in 1836, is destroyed by a sheriff’s sale, made by virtue of a levari facias, founded on a judgment recovered for taxes assessed in 1842, and subsequently; there being no other encumbrance on the land sold, prior to the mortgage. The solution of this question depends on the proper construction of several acts of Assembly, which, from time to time, have been made in reference to the subject of liens.
The first of these…
2Cases cited5 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Fager v. CampbellSupreme Court of Pennsylvania · 1836
- Berger v. HiesterSupreme Court of Pennsylvania · 1841
- Parker's AppealSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Gordon v. HarrisburgSupreme Court of Pennsylvania · 1933
- Olyphant Borough v. EgreskiSuperior Court of Pennsylvania · 1905
- Erie v. Piece of LandSupreme Court of Pennsylvania · 1940
- Gordon v. City of Harrisburg, Pennsylvania Court of Common Pleas, Dauphin County1933