Pickering v. Stapler
Supreme Court of Pennsylvania
JOHN STAPLER the defendant, on the 11th January, 1814, purchased of William Nixon, sheriff of the county . Hunterdon, in the State of New Jersey, at public auction, two contiguous parcels of land, one containing 20 acres, and , , ° r . the other a quantity not ascertained, which had been mortgaged by a certain David Parry to Azor I .likens, who assigned the mortgage to Abraham Chapman.
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JOHN STAPLER the defendant, on the 11th January, 1814, purchased of William Nixon, sheriff of the county . Hunterdon, in the State of New Jersey, at public auction, two contiguous parcels of land, one containing 20 acres, and , , ° r . the other a quantity not ascertained, which had been mortgaged by a certain David Parry to Azor I .likens, who assigned the mortgage to Abraham Chapman. Chapman obtained a decree in chancery for the sale of the mortgaged premises, and by virtue of that decree, they were sold by sheriff Nixon to the defendant. The 20 acre lot was scribed in the sheriff’s deed,…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
(After stating the case.) I cannot perceive, in what the deed offered by the defendant was deficient. The water-right was appurtenant to the mill, and passed by the word appurtenances. It was unnecessary therefore to insert the word privileges. This appears so plain, that he who denies it, should shew the authority on which he rests his opinion. No such authority has been shewn. But on the part of the defendant, cases were produced, shewing that privileges of the kind in question, pass by the name of appurtenances. In Nicholas v.…
2Cited by9 opinions
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- Hadden v. ShoutzIllinois Supreme Court · 1854
- Wilklow v. LaneNew York Supreme Court · 1862
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