Glass v. Warwick
Supreme Court of Pennsylvania
Error to the Common Pleas of Juniata county. This was a scire facias brought to April Term 1861, by Robert Warwick against Ann Glass, on a mortgage which was given under the following circumstances : — On the 9th of February, A. D. 1858, an article of agreement was entered into between Robert Warwick, Ann Warwick, and Mary Warwick of the one part, and Barnhard Glass of the other part, for a tract of land in Tuscarora township, containing ninety-eight acres.
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Error to the Common Pleas of Juniata county. This was a scire facias brought to April Term 1861, by Robert Warwick against Ann Glass, on a mortgage which was given under the following circumstances : — On the 9th of February, A. D. 1858, an article of agreement was entered into between Robert Warwick, Ann Warwick, and Mary Warwick of the one part, and Barnhard Glass of the other part, for a tract of land in Tuscarora township, containing ninety-eight acres. In consideration whereof, Barnhard Glass was to pay the sum of $950, as follows: $475 when the deed Was made, and the remaining $475 to…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
A married woman bought land, received the deed, and gave bonds and mortgage for a balance of the purchase-money, all in her own name alone. This balance was to be paid at the death of two women, annuitants, and during their life the interest was to be annually paid to them, and the bond says that, on default for six months in paying the interest, the principal “may be collected as if fully due,” and the mortgage recites this fully, and of course the defeasance is that the mortgage estate shall be void on the performance of the conditions,…
2Cited by3 opinions
- Robb v. BighamSupreme Court of Pennsylvania · 1889
- Messer v. SmythSupreme Court of New Hampshire · 1878
- Buckby v. SturtevantSuperior Court of Pennsylvania · 1905