Friedley v. Hamilton
Supreme Court of Pennsylvania
IN ERROR. This was a. writ of error to the Court of Common Pleas of Montgomery county; the parties were the same in the court below. The suit was a feigned issue, ordered by the court below, to try who was entitled to a sum of money arising from the sale of Henry Friedley’s, jr.; real estate, in which Henry Friedley, sen., was plaintiff, and Hamilton and Wood were defendants.
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IN ERROR. This was a. writ of error to the Court of Common Pleas of Montgomery county; the parties were the same in the court below. The suit was a feigned issue, ordered by the court below, to try who was entitled to a sum of money arising from the sale of Henry Friedley’s, jr.; real estate, in which Henry Friedley, sen., was plaintiff, and Hamilton and Wood were defendants. The defendants obtained, a judgment on the 28th' of July, 1817, in that court, by an award of arbitrators, against Henry Friedleyp jr,, and claimed the money under the judgment. , The .plaintiff claimed the.mobey'as…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Deeds, which are parts of the same transaction, constitute but one instrument. The mortgage in this instance, (for such it undoubtedly is,.) consisted of an absolute conveyance and a bond with condition to reconvey on payment of six thousand dollars by the grantor. The absolute conveyance has been recorded; but; according to the letter of the act of assembly, the mort*71gage, which consists of all its parts, has not: and it remains to be seen whether it be well recorded within the equity of the act.
The sum of the argument in support of tlie…
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