Milligan's Appeal
Supreme Court of Pennsylvania
Appeal from the court of Common Pleas No. 2, of Allegheny county: Of October Term 1883, No. 164. Appeal by John N. Milligan and Mary E., his wife, George A. Chall'ant and Margaret Jv bis wife, and Robert. E. Stewart from a decree of the Court of Common Pleas No. 2, of Allegheny county, overruling a demurrer to a bill in equity filed against them by William A. Shaw.
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Appeal from the court of Common Pleas No. 2, of Allegheny county: Of October Term 1883, No. 164. Appeal by John N. Milligan and Mary E., his wife, George A. Chall'ant and Margaret Jv bis wife, and Robert. E. Stewart from a decree of the Court of Common Pleas No. 2, of Allegheny county, overruling a demurrer to a bill in equity filed against them by William A. Shaw. The bill set forth the following facts : On September 28th 1870, the defendants, Chalfant and wife, conveyed to John A. Carothers a tract of land in Wilkins township, Allegheny county, containing some fourteen acres, and Carothers…
1Opinion of the CourtJustice Paxson
It was decided in Nailer v. Stanley, 10 S. & R. 450, that, where mortgaged land was. sold in pieces and at different times, the several pieces were liable for the mortgage debt in the inverse order of their alienation. This principle was fully-recognized in the later case of Cowden’s Appeal, 1 Barr 267, and has been uniformly followed since. It is now settled law. In Carpenter v. Koons, 8 Harris 222, it was held, the principle did not apply to two or more purchasers at a sheriff’s sale, who had bought subject to a common incumbrance. In such instances equality is equity.
In tiffs case, John A.…
2Cases cited1 opinion
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
3Cited by6 opinions
- Assigned Estate of Graff, Bennett & Co.Supreme Court of Pennsylvania · 1891
- Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893
- Liggett v. RitterSuperior Court of Pennsylvania · 1913
- Turner ex rel. Hartman v. FlennikenSupreme Court of Pennsylvania · 1894
- Donaldson v. Cotterell, Pennsylvania Court of Common Pleas, Washington County1926
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