Legal Opinion

Nace v. Hollenback

Supreme Court of Pennsylvania

Decided June 10, 1815PublishedCited by 6 opinions

In Error. THIS was a A ejectment in the Common Pleas of Luzerne county, brought by Matthias Hollenback, the plaintiff below, against George Nace and Peter Shaffer, in which John Hollenback was admitted to defend as landlord.

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In Error. THIS was a A ejectment in the Common Pleas of Luzerne county, brought by Matthias Hollenback, the plaintiff below, against George Nace and Peter Shaffer, in which John Hollenback was admitted to defend as landlord. A bill of exceptions was taken by the defendant in the court below, from which the case appeared to be as follows: The lands for which this ejectment was brought were mortgaged, with others, on the 27th May, 1803, by Thomas Duane to Joshua Lippincott, for the sum of $2128. On the 16th November, 1804, Joshua Lippincott made an assignment in writing of the mortgage, and…

1Opinion of the Court

Tilghman C. J.

Matthias Hollenback, the plaintiff below, *547brought this ejectment against the defendants, for a tract of land which was mortgaged by Thomas Duane to Joshua Lippincott, by deed dated 27th May, 1803. The mortgage was assigned by Lippincott to the plaintiff, by a writing bearing date 16th November, 1804. On the 4th May, 180o, Duane conveyed part of the mortgaged premises to Geórgé Nace, One of the defendants-. The two other defendants, Peter Shaffer and John Hollenback, claim under George Nace. A sci.fa. on the mortgage was issued in the name of Lippincott, for the use of Matthias…

2Cited by6 opinions

  1. Mather v. ClarkSupreme Court of Pennsylvania · 1833
  2. Koons v. HartmanSupreme Court of Pennsylvania · 1838
  3. Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
  4. Swan v. ScottSupreme Court of Pennsylvania · 1824
  5. Minier v. SaltmarshSupreme Court of Pennsylvania · 1836

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