Dungan v. American Life Insurance & Trust Co.
Supreme Court of Pennsylvania
Error to the District Court Philadelphia. This was a scire facias sur mortgage, issued January 29th 1862, by the American Life Insurance and Trust Company, assignee of John Gilbert, against John H. Simon, in which judgment was taken for want of an affidavit of defence, and the judgment afterwards opened on the application of Charles B.. Dungan, trustee, terretenant, and he let into a defence.
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Error to the District Court Philadelphia. This was a scire facias sur mortgage, issued January 29th 1862, by the American Life Insurance and Trust Company, assignee of John Gilbert, against John H. Simon, in which judgment was taken for want of an affidavit of defence, and the judgment afterwards opened on the application of Charles B.. Dungan, trustee, terretenant, and he let into a defence. On the 6th of December 1854, Gilbert sold to Dungan a house and lot on Vine street, Philadelphia, for $12,000. Part of the consideration was a house and lot on Arch street, which Dungan then conveyed to…
1Opinion of the Court
The opinion of the court was delivered, May 15th 1866, by
Woodward, C. J.
There is no doubt that the $4500 mortgage which the defendants in error held, became the first lien upon the premises. It was recorded two hours before the $7500 mortgage, for the purpose of giving it priority, and Dungan himself swears in the bill of discovery, that he intended to give the $4500 mortgage priority, and supposed it was prior in lien to the other mortgage. After the sheriff’s sale, he continued to think so, for he paid two instalments of interest on that mortgage as a subsisting lien. If it was indeed a…
2Cited by4 opinions
- Hoffman v. Bloomsburg & Sullivan R. R.Supreme Court of Pennsylvania · 1893
- Jeanes v. HizerSupreme Court of Pennsylvania · 1898
- Dahlstrom v. UnknownSupreme Court of Iowa · 1912
- Griffith v. Keystone Driller Co.Supreme Court of Pennsylvania · 1953