Lessee of Heister v. Fortner
Supreme Court of Pennsylvania
N this action of ejectment, a verdict was entered by consent for the plaintiff in the Circuit Court of Northumberland county, subject to the opinion of this Court upon a case which stated in substance as follows: The title in fee of the lands for which the ejectment was brought, was in Thomas Rees on the 28th April 1788. On that day, Thomas Rees of Montgomery county, and Hannah wife, in consideration that Rees was indebted to Charles Massey, Christopher Marshall, and others,…
Read the full summary
N this action of ejectment, a verdict was entered by consent for the plaintiff in the Circuit Court of Northumberland county, subject to the opinion of this Court upon a case which stated in substance as follows: The title in fee of the lands for which the ejectment was brought, was in Thomas Rees on the 28th April 1788. On that day, Thomas Rees of Montgomery county, and Hannah wife, in consideration that Rees was indebted to Charles Massey, Christopher Marshall, and others, in several sums money which he was unable to pay, and also in consideration of five shillings, conveyed to Charles…
1Opinion of the Court
Ye ates J.
The first question which presents itself for consideration in this case, is, whether the deed of assignment from Thomas Rees and wife to Charles Massey and others, dated 28th April 1789, not being recorded in Northumberland county within six months from its date, is not merely void to all intents andpurposes, except as betweenhim andhis trustees?
This depends upon the words of the 8th section of the act, “ for acknowledging and recording of deeds,” passed in 1715, (1 St. Laws 112) which are as follow: “no deed or mort- “ gage, or defeasible deed,, in the nature of mortgages, here- “…
2Cases cited1 opinion
- Mauro v. RitchieU.S. Circuit Court for the District of District of Columbia · 1827
3Cited by48 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Pringle v. DunnWisconsin Supreme Court · 1875
- Prouty v. MarshallSupreme Court of Pennsylvania · 1909
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
43 more not listed; retrieve them via the Exa API.