Crooks & Cooper v. Douglass
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county : No. 71, to October and November Term 1867. This was a scire facias sur mortgage to February Term 1865, by J. J. Douglass against Andrew H. Crooks, with notice to James Cooper, terre-tenant. The jury in a special verdict found the following facts :— In September 1859 Douglass sold the real estate covered by the mortgage in suit to Crooks, who gave the mortgage for $800, the balance of the purchase-money.
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Error to the Court of Common Pleas of Crawford county : No. 71, to October and November Term 1867. This was a scire facias sur mortgage to February Term 1865, by J. J. Douglass against Andrew H. Crooks, with notice to James Cooper, terre-tenant. The jury in a special verdict found the following facts :— In September 1859 Douglass sold the real estate covered by the mortgage in suit to Crooks, who gave the mortgage for $800, the balance of the purchase-money. Prior to November 6th 1862, four different judgments were entered against Crooks, amounting to $3300. On the 6th of November 1862…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Agnew, J.
There has been a conflict of opinion in this court upon the effect of a sheriff’s sale made subject to a mortgage which otherwise would have been discharged by the sale. It would be a work of much labor, and perhaps not very useful, while it would greatly encumber the opinion, to examine all of the decisions made upon this vexed question. A pretty extensive research into them will be found in Zeigler’s Appeal, 11 Casey 182. The conclusion of the judge who delivered the opinion of the court in that case seems to have been…
2Cases cited1 opinion
- Mode's AppealSupreme Court of Pennsylvania · 1843
3Cited by1 opinion
- In re SolomonDistrict Court, E.D. Pennsylvania · 1941