Michaelis v. Brawley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford, oovnty: Of January Term, 1885, No. 300. Ejectment, by Charles Michaelis and Lucy Michaelis, bis wife, in the right of said wife, against Francis Brawley, for a house and lot in Vernon township.
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Error to the Court of Common Pleas of Crawford, oovnty: Of January Term, 1885, No. 300. Ejectment, by Charles Michaelis and Lucy Michaelis, bis wife, in the right of said wife, against Francis Brawley, for a house and lot in Vernon township. On the trial, before GalbraitD, P. J., of the sixth judicial district, the following facts appeared: The legal title to the premises in dispute was in Lucy Michaelis in February, 1869. On March 3d, 1869, Mrs. Michaelis and her husband executed a mortgage upon said property to one William Painter; the certificate of acknowledgment 011 the same being…
1Opinion of the CourtChief Justice Mercur
The acknowledgment of a mortgage is no part of its execution, but only evidence of it. The acknowledgment need not be recited in the scire facias on it: Miner v. Graham, 12 *9Harris, 491. After judgment thereon its execution is a matter adjudicated: Id. The Act of 1705 gives a scire facias on a mortgage. It does not refer to a recorded mortgage. The scire facias lies on all mortgages whether recorded or unrecorded. The writ is on the mortgage and not on the registry thereof: Try on v. Munson, 27 P. F. S., 250; Lancaster v. Smith, 17 Id., 427. Hence the proper plea is non eat factum, and not nul…
2Cited by5 opinions
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
- Appeal of CampbellSupreme Court of Pennsylvania · 1888
- Shryock v. BuckmanSupreme Court of Pennsylvania · 1888
- Benninghoff v. StephensonSupreme Court of Pennsylvania · 1894
- Prouty v. MarshallSuperior Court of Pennsylvania · 1908