Partridge v. Partridge
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a scire facias on a mortgage, brought in the name of Ann Partridge, Adam Roy, and Elizabeth Roy, for the use of James McMahan, against Joseph Partridge, to November Term 1860. The mortgage was given by Joseph Partridge to Ann Partridge and Elizabeth Partridge, afterwards intermarried with Adam Roy, by whom it was thus assigned to James McMahan:— “We do hereby assign all our right, title, and interest to the within…
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Error to the District Court of Allegheny county. This was a scire facias on a mortgage, brought in the name of Ann Partridge, Adam Roy, and Elizabeth Roy, for the use of James McMahan, against Joseph Partridge, to November Term 1860. The mortgage was given by Joseph Partridge to Ann Partridge and Elizabeth Partridge, afterwards intermarried with Adam Roy, by whom it was thus assigned to James McMahan:— “We do hereby assign all our right, title, and interest to the within mortgage to James McMahan, for value received of him, this 1st day of December 1859. Adam Roy, Elizabeth Roy, Ann…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— In Pryor v. Wood, 7 Casey 142, it was held that where the assignment of the mortgage was duly executed, acknowledged, and recorded according to the Act of 9th April 1849, it passed the legal title of the mortgagee, and the suit must be in the name of the assignee. That case is very unlike the present. Here the assignment was neither under seal nor in the presence of witnesses, or acknowledged and recorded. It was therefore but an equitable assignment, and the soi. fa. was properly issued in the name of the holder of the legal title for…
2Cited by5 opinions
- Boggs v. LevinSupreme Court of Pennsylvania · 1929
- Isman v. NiedermanSuperior Court of Pennsylvania · 1920
- Grange Trust Co. v. BrownSuperior Court of Pennsylvania · 1912
- McNair v. Manuel, Pennsylvania Court of Common Pleas, Dauphin County1922
- Nichols v. Gasborro, Pennsylvania Court of Common Pleas, Delaware County1935