Luckenbach v. Brickenstein
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northampton county, in which John C. Brickenstein, warden of the Brethren’s Congregation at Bethlehem, brought an amicable action of ejectment sur mortgage, for so much of the following described lands and premises as were situate in Northampton county, against C. A. Luekenbach and C. C. Tombler, assignees of Joseph and James Leibert under a voluntary assignment for the benefit of creditors.
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ERROR to the Common Pleas of Northampton county, in which John C. Brickenstein, warden of the Brethren’s Congregation at Bethlehem, brought an amicable action of ejectment sur mortgage, for so much of the following described lands and premises as were situate in Northampton county, against C. A. Luekenbach and C. C. Tombler, assignees of Joseph and James Leibert under a voluntary assignment for the benefit of creditors. The following case was stated for the opinion of the court, who rendered judgment for the plaintiffs. On the 5th day of May 1830, Joseph and James Leibert purchased from John…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only question in this case is, whether the defendant in error became invested, by virtue of the mortgage, with a right to the buildings and improvements therein described and transferred to him, so as to give him a lien thereon, at least, for the payment of his debt. It is objected, on the part of the plaintiffs in error, that a transmutation of the possession of the mortgaged premises did not accompany the transfer thereof under the mortgage to the mortgagee; and the property mortgaged being of a personal character, the mortgage or…
2Cited by10 opinions
- In re HoweNew York Court of Chancery · 1828
- Smith v. . FeltonNew York Court of Appeals · 1871
- Pierson v. ManningMichigan Supreme Court · 1852
- In re Fulton's EstateSupreme Court of Pennsylvania · 1866
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947
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