M'Lanahan v. Reeside
Supreme Court of Pennsylvania
ERROR to the common pleas of Bedford county. William A. M’Lanahan & Co. against James Reeside. Amicable action and case stated to try whether the plaintiffs and others are entitled to the proceeds of the sale of the real estate of William Lewis, to the amount of their judgments respectively, in preference to James Reeside, who claims to hold a lien, in the nature of a mortgage, against said real estate, upon the following statement of facts, to be considered in the nature of…
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ERROR to the common pleas of Bedford county. William A. M’Lanahan & Co. against James Reeside. Amicable action and case stated to try whether the plaintiffs and others are entitled to the proceeds of the sale of the real estate of William Lewis, to the amount of their judgments respectively, in preference to James Reeside, who claims to hold a lien, in the nature of a mortgage, against said real estate, upon the following statement of facts, to be considered in the nature of a special verdict. On the 9th of February 1835, the following agreement was entered into between the said James Reeside…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
This case is not exactly like Friedly v. Hamilton, 17 Serg. & Rawle 70, in which a recorded conveyance and an unrecorded defeasance, constituting an unrecorded mortgage betwixt the parties, were postponed to a subsequent judgment. But though both have been recorded in this instance, the principle applicable to them is the same. They were recorded in the same volume, on the same day, and though it does not expressly so appear, most probably in juxta-position. But a creditor in search of a clew to the title, would necessarily stop at a…
2Cases cited2 opinions
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Friedley v. HamiltonSupreme Court of Pennsylvania · 1827
3Cited by7 opinions
- Martin v. JacksonSupreme Court of Pennsylvania · 1856
- Farabee v. McKerrihanSupreme Court of Pennsylvania · 1896
- Glading v. FrickSupreme Court of Pennsylvania · 1879
- Luch's AppealSupreme Court of Pennsylvania · 1862
- Schell v. SteinSupreme Court of Pennsylvania · 1874
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