Stroud v. Casey
Supreme Court of Pennsylvania
Error, to the Common Pleas of Delaware county. This was an action of assumpsit, brought by James Stroud against John R. Casey. On the trial in the court below, the following facts appeared. On the 19th July, 1841, John Larkin and wife conveyed a small tract of land to Edward Waggoner.
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Error, to the Common Pleas of Delaware county. This was an action of assumpsit, brought by James Stroud against John R. Casey. On the trial in the court below, the following facts appeared. On the 19th July, 1841, John Larkin and wife conveyed a small tract of land to Edward Waggoner. On the 6th June, 1842, Waggoner and Casey mortgaged a part of this same land to the corporation of St. Martin’s Church, to secure the payment of $275. At the date, and before the mortgage, Waggoner and Casey were both in possession, and residing upon the mortgaged premises. This mortgage, on the 22d December,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
Edward Waggoner and John R. Casey, being severally in possession of two houses and lots of about equal value, executed a joint mortgage on the two lots, to secure a debt to the corporation of St. Martin’s Church. The mortgage is not set forth at length in the paper-book, nor are we furnished with the bond secured by the mortgage. The possession of the property by the mortgagors at the execution of the mortgage, and the act of joining in that instrument, justify the inference that they were equal owners of the mortgaged premises. The…
2Cited by1 opinion
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