Journeay v. Gibson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Qrawford county: No. 104, to October and November Term 1867. This was a scire facias sur mortgage, issued July 21st 1865, by William Gibson, for the use of A. S. Davis, against William P. Eno and Albert Journeay, terre-tenant.
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Error to the Court of Common Pleas of Qrawford county: No. 104, to October and November Term 1867. This was a scire facias sur mortgage, issued July 21st 1865, by William Gibson, for the use of A. S. Davis, against William P. Eno and Albert Journeay, terre-tenant. On the 14th of June 1853, Eno executed a mortgage to Gibson to secure a bond for $1200, which on the same day was acknowledged before James A. North, a justice of the peace of Genesee county, in the state of New York. It was recorded on the 4th of April 1854, in Crawford county, Pennsylvania, where the land covered by the mortgage…
1Opinion of the Court
The opinion of -the court was delivered, January 7th 1868, by
Strong, J.
The mortgage from Eno to Gibson, the plaintiff below, was dated June 14th 1853, and it was then duly executed and delivered. As between the parties it was a good and effective mortgage from the time of its execution, but acknowledgment or probate was essential to its being legally placed on record. It was acknowledged before James A. North, Esq., a justice of the peace of the state of New York, the acknowledgment was certified by him, and on the 4th day of April 1854 the instrument was recorded in Crawford county, in this…
2Cases cited2 opinions
- Bullock v. WilcoxSupreme Court of Pennsylvania · 1838
- Green v. DrinkerSupreme Court of Pennsylvania · 1844
3Cited by8 opinions
- AMIDON v. KaneSupreme Court of Pennsylvania · 1971
- Swartz v. Carlisle BoroughSupreme Court of Pennsylvania · 1912
- Malicks' PetitionSuperior Court of Pennsylvania · 1939
- Statler v. United States Savings & Trust Co.Superior Court of Pennsylvania · 1936
- Buchanan v. CorsonSuperior Court of Pennsylvania · 1912
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