Spencer v. Jennings
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 157 October Term 1890, Sup. Ct.; court below, No. 811 April Term 1884, C. P. No. 2. To tbe first Monday of March, 1884, an action of ejectment was brought by John Spencer, and others, against Nicholas Freichtel, to recover a tract of 115 acres in Plum township. Subsequently, John F. Jennings was brought in as the real defendant, and owner of the land. Issue.
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APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 157 October Term 1890, Sup. Ct.; court below, No. 811 April Term 1884, C. P. No. 2. To tbe first Monday of March, 1884, an action of ejectment was brought by John Spencer, and others, against Nicholas Freichtel, to recover a tract of 115 acres in Plum township. Subsequently, John F. Jennings was brought in as the real defendant, and owner of the land. Issue. At the trial on April 9, 1886, there was a verdict for the defendants, upon which judgment was entered. On writ of error to No. 188 October Term 1886, the…
1Opinion of the Court
Pee, C utmam:
■ It was decided in Spencer v. Jennings, 123 Pa. 184, that the mortgage under which the premises in controversy were sold was void, for the reason that the Orphans’ Court of Allegheny county had no jurisdiction to authorize it. From this the conclusion logically follows that the plaintiffs are not bound or affected by the proceedings under that mortgage, and their title to the real estate is not divested. It is now claimed that they cannot recover in this ejectment for the reasons, (a) that they have been guilty of laches, and (5) that they have received or participated in the…
2Cases cited1 opinion
- Spencer v. JenningsSupreme Court of Pennsylvania · 1889
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- Davis, Et Vir v. BattleSupreme Court of Florida · 1938
- Billiard's EstatePennsylvania Orphans' Court, Philadelphia County · 1940
- Moore v. Moore, Pennsylvania Court of Common Pleas, Lancaster County1922