Owen v. Western Saving Fund
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1880, No. 356. Case, by the Western Saving Fund Society of Philadelphia against Joshua T. Owen.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1880, No. 356. Case, by the Western Saving Fund Society of Philadelphia against Joshua T. Owen. The narr. contained four counts, alleging substantially, a breach of duty, in that the defendant, recorder of deeds for the county of Philadelphia, did negligently certify, on November 4th 1867, that there were no unsatisfied mortgages of record in his office, on certain premises on Arch street, in said city, whereas there was a certain unsatisfied mortgage on said premises, of record, dated August 13th 1836, for…
1Opinion of the CourtJustice Gordon
This case may be certainly and readily determined by mere attention to, and following of the language of the Act of March 27th 1713, which prescribes, inter alia, “ That all actions of account and upon the case shall be commenced, and sued within six years next after the cause of such actions and suits, and not after.” The action now in hand is “upon the case,” brought by the plaintiff against the defendant, for the recovery of damages alleged to have resulted from a false certificate of search issued by him, when recorder of deeds of the county of Philadelphia, to the plaintiff.
As fraud is…
2Cases cited2 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
3Cited by13 opinions
- Fisher v. HillSupreme Court of Pennsylvania · 1951
- Fields v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
- Plazak v. Allegheny Steel CompanySupreme Court of Pennsylvania · 1936
- Sprague v. AdamsWashington Supreme Court · 1926
- Bernath v. LefeverSupreme Court of Pennsylvania · 1936
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