Girard Life Insurance, Annuity & Trust Co. v. Farmers' & Mechanics' National Bank
Supreme Court of Pennsylvania
Certificate from Nisi Prius: No. 223, to January Term 1867. This was an action of ejectment brought by the Farmers’ and Mechanics’ National Bank against the Girard Life Insurance, Annuity and Trust Company, for the one undivided third part of certain property on Market street below Eighteenth street, Philadelphia.
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Certificate from Nisi Prius: No. 223, to January Term 1867. This was an action of ejectment brought by the Farmers’ and Mechanics’ National Bank against the Girard Life Insurance, Annuity and Trust Company, for the one undivided third part of certain property on Market street below Eighteenth street, Philadelphia. Prior to and at the 4th of January 1849, the title to the whole premises was vested in Paul D. Geisse, Anna Maria Everly and Augustus Henry Geisse, as tenants in common. Anna Maria Everly was the wife of William A. Everly, and Augustus H. Denckla held the legal title to her interest…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The question raised by this record is, whether the lien of the mortgage of Paul D. G-eisse to the Farmers’ and Mechanics’ Bank, on his undivided third of the lot in dispute, was divested by the sale made by order of the District Court, in the action of partition brought by one of the tenants in common against his co-tenants. The plaintiffs contend that the lien of their mortgage was not disturbed by the sale for two reasons. The first is, that the proceedings in the action of partition were so defective and irregular that in law they are a…
2Cases cited1 opinion
- Commonwealth v. PoolSupreme Court of Pennsylvania · 1837
3Cited by14 opinions
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- Liss v. Medary HomesSupreme Court of Pennsylvania · 1957
- Agricultural Trust Co. v. BrubakerSuperior Court of Pennsylvania · 1920
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