Ackla v. Ackla
Supreme Court of Pennsylvania
In error from tbe Court of Common Pleas of Bradford county. July 12. This was a scire facias on a mortgage, in which Han- . nah Ackla,^ who survived Benjamin Ackla, was plaintiff, and John Ackla, the mortgagor, Edward Overton, Julius Holden, John Sweet, Adolphus Holden, and Israel Smith, terre-tenants, were defendants.
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In error from tbe Court of Common Pleas of Bradford county. July 12. This was a scire facias on a mortgage, in which Han- . nah Ackla,^ who survived Benjamin Ackla, was plaintiff, and John Ackla, the mortgagor, Edward Overton, Julius Holden, John Sweet, Adolphus Holden, and Israel Smith, terre-tenants, were defendants. The facts of the case, so far as they are necessary to elucidate the questions decided here, are so fully and clearly stated in the opinion of this court, that a repetition of them here would only serve to swell this report. The charge of the court below to the jury was…
1Opinion of the CourtBell, J.
Hannah Aekla, who survived Benjamin Ackla, sued out a scire facias sur mortgage against John Ackla, as mortgagor, and Edward Overton, Julius Holden, John Sweet, Gustavus A. Holden, and Israel Smith, as terre-tenants of the lands pledged. The mortgage sued was executed and delivered on the 19th of September, 1826, by John Aekla to Benjamin Ackla and Hannah his wife, to secure payment, in seven annual instalments, of the purchase-money of a certain tract of land then owned by Benjamin, and on the same day conveyed by him and wife to John, who was one of their sons. Before the trial of the…
2Cases cited4 opinions
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Wentz v. DehavenSupreme Court of Pennsylvania · 1815
- Lewis v. CarstairsSupreme Court of Pennsylvania · 1843
- Lamb v. ClarkSupreme Court of Pennsylvania · 1828
3Cited by5 opinions
- Bernkrant v. FowlerCalifornia Supreme Court · 1961
- Eastgate Enterprises, Inc. v. Bank & Trust Co. of Old York RoadSuperior Court of Pennsylvania · 1975
- Warden v. ZanellaSuperior Court of Pennsylvania · 1980
- EASTGATE ENTERP. v. Bk. & Tr. Co.Superior Court of Pennsylvania · 1975
- Leyer v. Keal & GeorgeSuperior Court of Pennsylvania · 1927