Random v. Swartz
Supreme Court of Pennsylvania
Ejectment for 100 acres of land in White Deer township. The case on the evidence appeared to be' this: On the 3d April 1769, Michael Wheeland, the father of the lessor of the plaintiff, entered in the land office a precise application for the lands in question, which was successful.
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Ejectment for 100 acres of land in White Deer township. The case on the evidence appeared to be' this: On the 3d April 1769, Michael Wheeland, the father of the lessor of the plaintiff, entered in the land office a precise application for the lands in question, which was successful. He entered into possession thereof with his family, improved the same, and died thereon intestate, in 1771, leaving a widow named Magdalena, (who intermarried with Peter Swartz, senior, in December 1772,) and nine children, of whom the lessor of the plaintiff was the eldest son. The widow administered, and the…
1Opinion of the Court
By the court.
The only question before us is, whether the deed from Wheeland to Swartz, is to be considered as a mortgage, or as a defeasible sale, subject to re-purchase, within the limited period of 2 years and Ii days?
There are certainly such words in it as are commonly found in mortgages. The reservation of the equity of redemption is couched in terms sufficiently apt and technical; and it must be deemed a mortgage, if it was not made in contemplation of an eventual arrangement of property. Powel on Mortg. 18. To make it a conditional sale, lb. 50, the intention of the parties at the time…
2Cited by4 opinions
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
- Stoever v. StoeverSupreme Court of Pennsylvania · 1823
- Wyman v. BallardMassachusetts Supreme Judicial Court · 1815
- Cabot v. HaskinnMassachusetts Supreme Judicial Court · 1825