Legal Opinion

M'Call v. Lenox

Supreme Court of Pennsylvania

Decided April 7, 1823PublishedCited by 8 opinions

This was an amicable action, instituted for the purpose of deciding, whether the defendant was entitled to the possession of a house at the north-west corner of Chesnut. and Tenth streets,-in the city of Philadelphia, purchased by him at sheriff’s sale, from the day on which he received the sheriff’s deed; or whether the plaintiff was entitled to the possession, by virtue of a lease prior to the judgment under which the defendant purchased.

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This was an amicable action, instituted for the purpose of deciding, whether the defendant was entitled to the possession of a house at the north-west corner of Chesnut. and Tenth streets,-in the city of Philadelphia, purchased by him at sheriff’s sale, from the day on which he received the sheriff’s deed; or whether the plaintiff was entitled to the possession, by virtue of a lease prior to the judgment under which the defendant purchased. The case was as follows: Peter L. Berry, being seised of the house in fee, mortgaged it to Thomas Armstrong, by deed, dated the ,13th September, 1813.…

1Opinion of the Court

The opinion of the court was delivered by.

Tilghman, C. J. ’

The plaintiff contends, that no proceedings under this judgment can affect his lease, which was of a prior date. The question is, whether the judgment on Berry’s bond, is so connected with the mortgage, as to give the defendant the advantage of the mortgage. If it is, the title of the defendant is prior to that of the plaintiff. It is certain, that the bond and mortgage are securities for one and the same debt; for which the mortgagee has three remedies. ■ He may proceed by way of ejectment, to recover the possession of the premises,…

2Cases cited5 opinions

  1. Bantleon v. SmithSupreme Court of Pennsylvania · 1809
  2. Lessee of Simpson v. AmmonsSupreme Court of Pennsylvania · 1806
  3. Jackson ex dem. Ireland v. HullNew York Supreme Court · 1813
  4. Lessee of Mathers v. AkewrightSupreme Court of Pennsylvania · 1809
  5. Diehl v. EvansSupreme Court of Pennsylvania · 1815

3Cited by8 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Willard v. NorrisSupreme Court of Pennsylvania · 1829
  3. Pasco v. GambleSupreme Court of Florida · 1876
  4. Poweshiek County v. DennisonSupreme Court of Iowa · 1873
  5. Frick v. PattonSupreme Court of Pennsylvania · 1829

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