Mott v. Clark
Supreme Court of Pennsylvania
Dec. 18. This was an ejectment to recover a moiety of two pieces of land, one moiety of which plaintiff was in possession of. The main question arose out of the following facts: — In 1820 John Clark obtained the title by a sheriff’s deed to the whole property ; but in fact he was trustee for his father, Yinson Clark, for a moiety.
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Dec. 18. This was an ejectment to recover a moiety of two pieces of land, one moiety of which plaintiff was in possession of. The main question arose out of the following facts: — In 1820 John Clark obtained the title by a sheriff’s deed to the whole property ; but in fact he was trustee for his father, Yinson Clark, for a moiety. In 1821 John conveyed this moiety to Yinson Clark, the defendant, hut the deed was not registered until 1836. In 1831, John Clark mortgaged the whole property to Broad-head, the mortgage being registered in November. But according to the verdict Broadhead had…
1Opinion of the CourtRogers, J.
(after stating the two titles under the mortgage and the sheriff’s sale.) — Either of the titles as above stated would entitle the plaintiff to a verdict. But the defendants contend the plaintiff cannot recover because Thomas Clark, on the 5th January, 18^1, conveyed an undivided half of the premises (being the property in dispute) to his father, Yinson Clark. That this deed was acknowledged on the day of its date, and was recorded May 1st, 182|. The deed being recorded before the sheriff’s sale, and moreover Y. Clark'having given notice at the sale, the court properly instructed the jury…
2Cases cited4 opinions
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Craft ex rel. Powell v. WebsterSupreme Court of Pennsylvania · 1833
- Ebner v. GoundieSupreme Court of Pennsylvania · 1842
3Cited by14 opinions
- Merscorp, Inc. v. Del. Cnty.Supreme Court of Pennsylvania · 2019
- Stonecipher v. KeaneSupreme Court of Pennsylvania · 1920
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
- Boyer v. WebberSuperior Court of Pennsylvania · 1903
- Montgomery County ex rel. Becker v. Merscorp, Inc.District Court, E.D. Pennsylvania · 2014
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