Legal Opinion

Townsend v. Boyd

Supreme Court of Pennsylvania

Decided April 1, 1907No. Appeal, No. 55PublishedCited by 26 opinions

Appeal, No. 55, Jan. T., 1906, by defendant, from judgment of C. P. Del. Co., June T., 1902, No. 137, on verdict for plaintiffs in case of Joseph B. Townsend, Jr., and J. Barton Townsend, Executors of the last Will and Testament of Joseph B. Townsend, deceased, and Charles C. Townsend, substituted executor of said last Will in the place and stead of James P. Townsend, deceased, v. Matthew M. Boyd. Ejectment for land in Upper Chichester township.

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Appeal, No. 55, Jan. T., 1906, by defendant, from judgment of C. P. Del. Co., June T., 1902, No. 137, on verdict for plaintiffs in case of Joseph B. Townsend, Jr., and J. Barton Townsend, Executors of the last Will and Testament of Joseph B. Townsend, deceased, and Charles C. Townsend, substituted executor of said last Will in the place and stead of James P. Townsend, deceased, v. Matthew M. Boyd. Ejectment for land in Upper Chichester township. Before Johnson, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the defendant presented the following points: 6. The…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

On November 16, 1892, Matthew Boyd gave a mortgage to Joseph B. Townsend to secure the sum of $13,000 upon a tract of 152 acres and a fraction, situate in Upper Chichester township, Delaware county. On March 30, 1894, a writ of scire facias was issued under this mortgage in the court of common pleas of Delaware county, judgment entered for want of an affidavit of defense, and the mortgaged premises sold under a levari facias to the executors of the mortgagee, and a sheriff’s deed made to them. Notice was given and proceedings instituted by the purchasers to obtain…

2Cases cited17 opinions

  1. Fletcher v. FullerSupreme Court of the United States · 1887
  2. United States v. ChavezSupreme Court of the United States · 1899
  3. Brown v. BeecherSupreme Court of Pennsylvania · 1888
  4. Carter v. Tinicum Fishing Co.Supreme Court of Pennsylvania · 1875
  5. Kile v. GiebnerSupreme Court of Pennsylvania · 1886

12 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Crawford EstateSupreme Court of Pennsylvania · 1949
  2. Devore v. LeeSupreme Court of Florida · 1947
  3. Dougherty v. WelshansSupreme Court of Pennsylvania · 1911
  4. Guy v. BrennanCalifornia Court of Appeal · 1923
  5. Stevens v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1923

21 more not listed; retrieve them via the Exa API.

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