Legal Opinion

Brundred v. Egbert

Supreme Court of Pennsylvania

Decided November 12, 1894No. Appeal, No. 129PublishedCited by 16 opinions

Appeal, No. 129, Oct. T., 1894, by defendants, from judgment of C. P. Venango Co., on verdict for plaintiff. Ejectment. Before Taylor, P. J. At the trial it appeared that on December 10, 1859, B. R. Knapp executed a mortgage to Clark & Andrews to secure the sum of $175. This mortgage was recorded Jan. 5, 1860. On Dec. 20, 1859, Knapp executed a second mortgage to N. McBride, to secure payment of $2,150. This mortgage was recorded July 6, 1860. On Aug. 11, 1862, á writ of…

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Appeal, No. 129, Oct. T., 1894, by defendants, from judgment of C. P. Venango Co., on verdict for plaintiff. Ejectment. Before Taylor, P. J. At the trial it appeared that on December 10, 1859, B. R. Knapp executed a mortgage to Clark & Andrews to secure the sum of $175. This mortgage was recorded Jan. 5, 1860. On Dec. 20, 1859, Knapp executed a second mortgage to N. McBride, to secure payment of $2,150. This mortgage was recorded July 6, 1860. On Aug. 11, 1862, á writ of scire facias was issued upon the first mortgage, to which the sheriff returned “ defendant not found in my bailiwick,” and…

1Opinion of the Court

Opinion by

Mb. Justice Williams,

The plaintiff acquired his title to the land in controversy by virtue of a sheriff’s sale made upon a judgment obtained in a proceeding by scire facias sur mortgage. The mortgage ap*620pears to have been properly executed, and recorded. After default by the mortgagee a writ of scire facias was issued upon it, to which the sheriff returned “ defendant not found in my bailiwick.” An alias was then issued and returned nihil habet. Judgment bjr default was afterwards entered by plaintiff’s attorneys, and a writ of levari facias issued. Upon this writ the mortgaged…

2Cases cited2 opinions

  1. Wilson v. McCulloughSupreme Court of Pennsylvania · 1852
  2. Brundred v. EgbertSupreme Court of Pennsylvania · 1893

3Cited by16 opinions

  1. Bannard v. New York State Natural Gas Corp.Supreme Court of Pennsylvania · 1972
  2. Babcock Lumber Co. v. FaustSuperior Court of Pennsylvania · 1944
  3. Herder Spring Hunting Club v. Keller, ApltsSupreme Court of Pennsylvania · 2016
  4. Doyle v. BrundredSupreme Court of Pennsylvania · 1899
  5. Maloney v. SimpsonSupreme Court of Pennsylvania · 1910

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