Legal Opinion

Farmer v. Fisher

Supreme Court of Pennsylvania

Decided July 11, 1900No. Appeal, No. 168PublishedCited by 2 opinions

Appeal, No. 168, Jan. T., 1900, by defendants, from judgment of C. P. Lancaster Co., Aug. T., 1899, No, 68, on verdict for plaintiff in case of Jacob Farmer, to use of Samuel B. Nissley, to use of Jacob Rohrer, guardian, now to use of A. G. Hamaker, v. Susanna Fisher and her husband, John K. Fisher, defendants, and Louisa McCauley, terretenants, and all other terre-tenants whoever they may be. Scire facias sur mortgage.

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Appeal, No. 168, Jan. T., 1900, by defendants, from judgment of C. P. Lancaster Co., Aug. T., 1899, No, 68, on verdict for plaintiff in case of Jacob Farmer, to use of Samuel B. Nissley, to use of Jacob Rohrer, guardian, now to use of A. G. Hamaker, v. Susanna Fisher and her husband, John K. Fisher, defendants, and Louisa McCauley, terretenants, and all other terre-tenants whoever they may be. Scire facias sur mortgage. Before Landis, J. Landis, J., in an opinion discharging a rule for judgment, non obstante veredicto, stated the facts substantially as follows: On May 4,1865, David Fisher…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

Stripped of incidental complications which do not affect the substantial question that question is, When a grantor who has ■parted with his title by a deed which has not been recorded, dies and his heir enters and in good faith without notice mortgages the land, and subsequently the deed is recorded, is the mortgage good against the grantee, or his representative ?

That this question must be answered in the affirmative is too clear to admit of any doubt whatever. It is frankly admitted by the learned counsel for appellant that the case is within the mischief…

2Cases cited1 opinion

  1. Lessee of Henry v. MorganSupreme Court of Pennsylvania · 1810

3Cited by2 opinions

  1. Roberts v. Estate of PursleySuperior Court of Pennsylvania · 1998
  2. Westfall v. WashlagelSupreme Court of Pennsylvania · 1901

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