Angier v. Schieffelin
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Qrawford county: Of October and November Term 1871, No. 22. This was a scire facias issued to June Term 1868, of the court below, by Schieffelin, Brothers & Co. against George M. MoAvbray and Jacob I). Angier, terre-tenant; the defence was made by the terre-tenant.
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Error to tbe Court of Common Pleas of Qrawford county: Of October and November Term 1871, No. 22. This was a scire facias issued to June Term 1868, of the court below, by Schieffelin, Brothers & Co. against George M. MoAvbray and Jacob I). Angier, terre-tenant; the defence was made by the terre-tenant. The case was tried, November 22d 1870, before Yincent, J. The plaintiff offered in evidence a mortgage from Mowbray to themselves for $2900 on real estate in Titusville, Crawford county; it was dated May 2d 1862. The acknowledgment Avas as follows:— “ Erie county, ss: Before the subscriber, a…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
— The learned judge of the Common Pleas was right in his reasoning and conclusions on the point raised by the defendant below and defendant in error, in regard to the question of notice furnished by the record of the plaintiff’s mortgage. Had Chase been a justice of the peace of Erie county, the acknowledgment before him by the mortgagor, although the land lay in « Crawford, or any other county in the state, would have been all right, and the duty of the recorder of Crawford county to enter it of record, when offered for that purpose,…
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