Garber v. Henry
Supreme Court of Pennsylvania
ERROR to the common pleas of Huntingdon comity. Scire facias sur mortgage. Garber and O’Connor against George W. Henry, with notice to terre-tenants.
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ERROR to the common pleas of Huntingdon comity. Scire facias sur mortgage. Garber and O’Connor against George W. Henry, with notice to terre-tenants. On the 8th of November 1832, the defendant executed a mortgage to the plaintiffs, of a tract of land which contained this clause, “ Provided, nevertheless, that if the said George W. Henry, his heirs, &c., shall and do well and truly pay or cause to be paid to the said Garber and O’Connor, the several sums of money which he may, from time to time, owe or be indebted to the said Garber and O’Connor, at the days and times appointed for the payment…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The character of this instrument cannot admit of dispute. It is not, as in Friedly v. Hamilton, 17 Serg. & Rawle 70, a deed absolute on its face, and made a mortgage by a defeasance not recorded, but is, in its terms, a mortgage. The contents of the articles of agreement, if inserted at length, woirld not render the instrument more conditional in its character. The only-doubt as to its validity, is, whether the omission to record the articles renders it null as to subsequent lien creditors. Though there have been some doubts entertained of…
2Cases cited2 opinions
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Friedley v. HamiltonSupreme Court of Pennsylvania · 1827
3Cited by11 opinions
- Truscott v. . KingNew York Court of Appeals · 1852
- Turpie v. LoweIndiana Supreme Court · 1888
- In Re Executive House AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Batten v. Jurist (Northwestern Nat. Bank, Etc., Co.)Supreme Court of Pennsylvania · 1931
- Taylor v. CorneliusSupreme Court of Pennsylvania · 1869
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