Helfrich v. Weaver
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. 340, to January Term 1866. The proceedings in this case were commenced by a scire facias sur mortgage, in which Joseph Weaver, administrator of Solomon Weaver, deceased, to the use of Sarah Mennig, was plaintiff, and John H. Helfrich, “his feoffees and terre-tenants,” were defendants.
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Error to the Court of Common Pleas of Lehigh county: No. 340, to January Term 1866. The proceedings in this case were commenced by a scire facias sur mortgage, in which Joseph Weaver, administrator of Solomon Weaver, deceased, to the use of Sarah Mennig, was plaintiff, and John H. Helfrich, “his feoffees and terre-tenants,” were defendants. The following facts, in the nature of a special verdict, were agreed upon and submitted for the opinion of the court:— Prior to April 12th 1835 Jacob Martin died seised in fee of four acres of land in the borough of Allentown; on that day the…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Sharswood, J.
By the Act of Assembly of April 6th 1830, entitled “ A supplement to an act entitled an act for taking lands in execution for the payment of debts, passed in seventeen hundred and five,” Pamph. L. 293, it is provided that “where the *388lien of a mortgage upon real estate is or shall be prior to all other liens upon the same property, except other mortgages, ground-rents and the purchase-money due to the Commonwealth, the lien of such mortgage shall not be destroyed or in any way affected by any sale made by virtue or authority…
2Cases cited3 opinions
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
3Cited by5 opinions
- Enyard v. EnyardSupreme Court of Pennsylvania · 1899
- Steele v. WalterSupreme Court of Pennsylvania · 1903
- Estate of WashburnSupreme Court of Pennsylvania · 1898
- Pennsylvania Trust Co. v. DeiningerSupreme Court of Pennsylvania · 1934
- Norris' PetitionPennsylvania Orphans' Court, Jefferson County · 1942