Levers v. Van Buskirk
Supreme Court of Pennsylvania
In error from the Common Pleas of Monroe county. Dec. 21. This was an ejectment brought in August, 1841, on a-mortgage given by Abraham Horn to the ancestor of plaintiffs, dated April 6, 1810, to secure $8000 in annual instalments of $2000, on nine tracts of land. These lands were conveyed by Levers, the plaintiff’s ancestor, to Horn, on the 5th of April, and this mortgage was executed to secure the purchase money.
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In error from the Common Pleas of Monroe county. Dec. 21. This was an ejectment brought in August, 1841, on a-mortgage given by Abraham Horn to the ancestor of plaintiffs, dated April 6, 1810, to secure $8000 in annual instalments of $2000, on nine tracts of land. These lands were conveyed by Levers, the plaintiff’s ancestor, to Horn, on the 5th of April, and this mortgage was executed to secure the purchase money. The defendants gave in evidence an agreement under the seal of the parties, of the same date with the mortgage, and recorded, reciting the conveyance and mortgage, and «that it was…
1Opinion of the CourtBell, J.
This case was here once before, and is reported in 7 Watts & Serg. 70. Then, as now, the leading question was whether the record and other evidence offered by the plaintiffs below tended to rebut the legal presumption of payment of the bond, due the 27th of May, 1814; to enforce payment of which, this equitable action of ejectment is instituted by the heirs of George Levers, obligee and mortgagee. This court then held that, although the ejectment of 1821 and the subsequent proceedings- therein, down to the conditional verdict in 1835, were so mixed, imperfect, and irregular, that probably…
2Cases cited2 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Levers v. Van BuskirkSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Commonwealth v. GoldblumSupreme Court of Pennsylvania · 1982
- Kramer v. KisterSupreme Court of Pennsylvania · 1898
- Nadler v. Warner CompanySupreme Court of Pennsylvania · 1936
- In re East Stroudsburg Supply & Construction Co.District Court, M.D. Pennsylvania · 1918