Rankin v. Mortimere
Supreme Court of Pennsylvania
ERROR to the common pleas of Mercer county. William S. Rankin against John Mortimere and John Rodgers. This ejectment was brought by the plaintiff to recover the possession of three hundred and ninety-three acres of land. The plaintiff claims the land in dispute by a deed of conveyance from John Mortimere to him, dated the 1st of July 1833. The consideration expressed in the deed is 260 dollars.
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ERROR to the common pleas of Mercer county. William S. Rankin against John Mortimere and John Rodgers. This ejectment was brought by the plaintiff to recover the possession of three hundred and ninety-three acres of land. The plaintiff claims the land in dispute by a deed of conveyance from John Mortimere to him, dated the 1st of July 1833. The consideration expressed in the deed is 260 dollars. In October 1831, John Mortimere the defendant, to secure the payment of 260 dollars, conveyed this tract of land to the plaintiff. The deed contained a clause as follows: “provided that if the said…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The error on which the party mainly relies is contained in the answer to the first, point of the defendant. The court, were requested to charge the jury, that if they believe the deed given in evidence by the plaintiff, for the land in dispute, was given by the defendant under a misapprehension of the law as to the effect of the *374mortgage, believing that the prior mortgage deed gave an indefeasible title, the plaintiff was not entitled to recover. This point the court answered in the affirmative-; and, as I understand, in substance ruled;,…
2Cases cited2 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Lyon v. RichmondNew York Court of Chancery · 1816
3Cited by14 opinions
- Commonwealth v. KratsasSupreme Court of Pennsylvania · 2001
- Reitenbaugh v. LudwickSupreme Court of Pennsylvania · 1858
- In the Matter of Evergreen Memorial Park Association, Bankrupt. Blanche Smith PetersCourt of Appeals for the Third Circuit · 1962
- Gross v. LeberSupreme Court of Pennsylvania · 1864
- Williamson v. CulpepperSupreme Court of Alabama · 1849
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