Myers v. White
Supreme Court of Pennsylvania
Writ of error .to the District Court for the .city and county of ■Lancaster, in which .the plaintiffs in-error, David Myers and Henry Myers, assignees of Peter Myers, brought an action of trespass, vi et armis quare clausum fregit, against the defendant in error, William White, Esq., high sheriff of the county of Lancaster, From the record it "appeared, that Peter Myers, the assignor, on the 1st of Jlpril, 1822, executed a mortgage to Jacob Gray-bill and Jacob Johns, to…
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Writ of error .to the District Court for the .city and county of ■Lancaster, in which .the plaintiffs in-error, David Myers and Henry Myers, assignees of Peter Myers, brought an action of trespass, vi et armis quare clausum fregit, against the defendant in error, William White, Esq., high sheriff of the county of Lancaster, From the record it "appeared, that Peter Myers, the assignor, on the 1st of Jlpril, 1822, executed a mortgage to Jacob Gray-bill and Jacob Johns, to secure the payment of 4,500 dollars, which was recorded on- the tenth of the same, month. No proceeding was had upon it…
1Opinion of the Court
The opinion of the court-was delivered by
Rogers, J.
Peter Myers, on the 1st day of April, 1822, mortgaged a tract of land to Johns and Graybill, who, on the 8th of January, 1825, sued out a Scire Facias on the mortgage. On the 15th of January, 1825, Myers and wife assigned the mortgaged premises to David and Henry Myers, the plaintiffs. At the time of the assignment, there was a crop in the ground, which passed to the assignees. The assignees leased the property to Peter Myers, reserving, as I understand, the' crop which was levied on by the sheriff. The mortgagees having obtained judgment on…
2Cases cited1 opinion
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