Schrack v. Shriner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county: Of July Term 1882, No. 27. Scire facias sur mortgage, by Samuel Schrack against Charles IT. Shriner, mortgagor, with notice to 'William Swenk and N. Y. B. Lincoln, as terre tenants. Pleas, payment, and a special plea of release and discharge of the lien of said mortgage, as to any of the mortgaged premises in possession of either of the terre tenants or their assigns.
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Error to the Court of Common Pleas of Union county: Of July Term 1882, No. 27. Scire facias sur mortgage, by Samuel Schrack against Charles IT. Shriner, mortgagor, with notice to 'William Swenk and N. Y. B. Lincoln, as terre tenants. Pleas, payment, and a special plea of release and discharge of the lien of said mortgage, as to any of the mortgaged premises in possession of either of the terre tenants or their assigns. On the trial, before Bucher, P. J., the following facts appeared : — On March 10th 1868 Skriner gave his bond to Schrack for $6,000, conditioned for the payment of $3,000,…
1Opinion of the CourtJustice Sterrett
The mortgage on which the scire- facias issued was given in March 1868, by C. H. Shriner to Samuel Schrack, the plaintiff, to secure $3,000 purchase money, payable in annual instalments of $500 each with interest. In December of that year Shriner, the mortgagor, conveyed an undivided moiety of the premises to Swenk, and in 1873 he conveyed the other moiety to Lincoln and Smith. In 1874 Smith conveyed his interest in the last mentioned moiety to Lincoln, and two years thereafter Lincoln purchased the other undivided moiety from Swenk, and thus he became sole owner of the mortgaged premises.
In…
2Cases cited1 opinion
- Taylor's Executors v. MarisSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Meigs v. TunnicliffeSupreme Court of Pennsylvania · 1906
- Horvitch v. EatonSuperior Court of Pennsylvania · 1912
- Turner ex rel. Hartman v. FlennikenSupreme Court of Pennsylvania · 1894
- Donaldson v. Cotterell, Pennsylvania Court of Common Pleas, Washington County1926
- Gibson's Petition, Pennsylvania Court of Common Pleas, Lancaster County1933