Prouty v. Marshall
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1907, by A. A. LaRue, from judgment of C. P. Clearfield Co., Sept. T., 1906, No. 115, on verdict for plaintiff in case of Agnes Prouty v. L. J. Marshall and A. A. LaRue, terre-tenant. Scire facias sur mortgage. Before A. 0. Smith, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was in overruling motion of defendant for judgment non obstante veredicto on question of law reserved.
1Opinion of the Court
Opinion by
Rice, P. J.,
The issue in this case was between a mortgagee seeking by scire facias to enforce payment of her mortgage and a terretenant, who, more than three years and one-half after the execution and delivery of the mortgage, bought the land from the mortgagor without actual knowledge of the existence of the mortgage. The case comes before us by appeal of the terretenant from the judgment upon the verdict directed in the plaintiff’s favor for the unpaid balance of the mortgage debt; and the single, assignment of error is that the court erred in overruling the defendant’s motion for…
2Cases cited18 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Miller v. BradfordSupreme Court of Iowa · 1861
- Terrell v. Andrew CountySupreme Court of Missouri · 1869
- Farabee v. McKerrihanSupreme Court of Pennsylvania · 1896
- Musser v. HydeSupreme Court of Pennsylvania · 1841
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3Cited by1 opinion
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958