McLaughlin v. Ihmsen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 217. Scire facias sur mortgage issued by Frederick L. Ihmsen, surviving executor of Christian Ihmsen, deceased, against Elizabeth McLaughlin, testamentary guardian of the minor children of Charles T. Ihmsen, deceased.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 217. Scire facias sur mortgage issued by Frederick L. Ihmsen, surviving executor of Christian Ihmsen, deceased, against Elizabeth McLaughlin, testamentary guardian of the minor children of Charles T. Ihmsen, deceased. On June 22d 1869, Charles T., William and Christian Ihmsen, executed and delivered to Eleanor Ihmsen and Frederick L. Ihmsen, executors of the estate of their father, Christian Ihmsen, deceased, a mortgage upon certain real estate, to secure a bond for the payment of $15,000,…
1Opinion of the CourtChief Justice Agnew
That a mortgage conveys an estate as a security for the payment of a debt is held in numerous cases. And even though unrecorded, it is good against the mortgagor himself or his alienee, or mortgagee with actual notice, or a judgment creditor with notice, before his debt is contracted: Mellon’s Appeal, 8 Casey 121; Britton’s Appeal, 9 Wright 172; Nice’s Appeal, 4 P. F. Smith 200; Tryon v. Munson, 27 Id. 262. In the last case the authorities are all reviewed, and it is shown that the effect thus attributed, necessarily springs from the nature of the estate conveyed as a security,- and therefore…
2Cited by8 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Malamut v. HainesDistrict Court, M.D. Pennsylvania · 1943
- In re LukensDistrict Court, E.D. Pennsylvania · 1905
- Kinports v. BoyntonSupreme Court of Pennsylvania · 1888
- Lefever v. ArmstrongSuperior Court of Pennsylvania · 1901
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