Brown v. Henry
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term, 1884, No. 176. Scire facias sur mortgage by Charles E. Henry, administrator d. b. n. o. t. a. of Giles S. Musson, deceased, who was the assignee, etc., etc., against Morris Brown, terre tenant of John School and Charles Faurest.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term, 1884, No. 176. Scire facias sur mortgage by Charles E. Henry, administrator d. b. n. o. t. a. of Giles S. Musson, deceased, who was the assignee, etc., etc., against Morris Brown, terre tenant of John School and Charles Faurest. At the trial, before Ludlow, P. J., the following facts were proven: John School and Charles Faurest executed a bond and indenture of mortgage dated March 30, 1850, to Joseph Swift for $2,375, secured on premises now 1117 Lombard Street, in the city of Philadelphia, and recorded in…
1Opinion of the CourtJustice Paxson
This was a scire facias upon a mortgage. The terre tenant defended upon the ground that the mortgage in suit had been satisfied of record before he purchased the property; that he had been furnished by the recorder of deeds with a clean search, and that he had paid the full value of the premises. None of these allegations of the terre tenant appears to have been disputed on the trial below. The whole difficulty arose out of the fact that the entry of satisfaction was evidently a mistake. It was entered by Horace Binney, Jr., administrator d. b. n. c. t. a. of William S. Bell, deceased. Mr.…
2Cases cited1 opinion
- Musser v. HydeSupreme Court of Pennsylvania · 1841
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