M'Grew v. M'Lanahan
Supreme Court of Pennsylvania
This was an .appeal from the decision of Huston, J. at a circuit court, held for Westmoreland county. Mathew MLanahan, one of the defendants, being the owner of a tract of land, on the 15th of April, 1815,, executed a mortgage thereon, to secure the payment of eight bonds to William Campbell, bearing even date with the said mortgage, and each conditioned for the payment of three hundred and fifty dollars, on the 15th April, in each .year thereafter, until the whole should be…
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This was an .appeal from the decision of Huston, J. at a circuit court, held for Westmoreland county. Mathew MLanahan, one of the defendants, being the owner of a tract of land, on the 15th of April, 1815,, executed a mortgage thereon, to secure the payment of eight bonds to William Campbell, bearing even date with the said mortgage, and each conditioned for the payment of three hundred and fifty dollars, on the 15th April, in each .year thereafter, until the whole should be paid. The mortgage was recorded on the 24th January, 1817. On the 15th April, 1817, two of the mortgage bonds being…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.
The question which is presented for the decision of this court is; whether the purchaser of the land, sold under the levari facias, issued on the judgment obtained on the scire facias on thé mortgage, for several of the instalments due on the land, can recover in an ejectment, the possession of the land from the mortgagor and the purchaser of the same land, sold to him by the sheriff, under an execution issued on a judgment, obtained in the action brought to recover the amount of one of the bonds, the payment of which was secured by the same…
2Cases cited5 opinions
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- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
- M'Call v. LenoxSupreme Court of Pennsylvania · 1823
- Semple v. Burd ex rel. WilkinsSupreme Court of Pennsylvania · 1821
- Wall v. Lloyd's ExecutorsSupreme Court of Pennsylvania · 1815