Coyne v. Souther
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Elk county: No. 277, to January Term 1869. This was a scire facias sur mortgage, issued by Henry Souther and Edward Souther, survivors of Souther, Willis & Souther, against James Coyne, with notice to Joseph Wilhelm, terre-tenant, to which the defendant Wilhelm pleaded “nil débet and payment,” &c. 6 The mortgage upon which the sci. fa. was issued was given by Coyne to the plaintiffs to secure the payment of a note for $3000, and was…
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Error to the Court of Common Pleas of Elk county: No. 277, to January Term 1869. This was a scire facias sur mortgage, issued by Henry Souther and Edward Souther, survivors of Souther, Willis & Souther, against James Coyne, with notice to Joseph Wilhelm, terre-tenant, to which the defendant Wilhelm pleaded “nil débet and payment,” &c. 6 The mortgage upon which the sci. fa. was issued was given by Coyne to the plaintiffs to secure the payment of a note for $3000, and was recorded April 30th 1867. The plaintiff gave in evidence the note and the mortgage and rested. The defendant gave in…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Sharswood, J.
It is very important that bidders at sheriff’s sales should feel well assured as to whether they are offering to buy a clear or an encumbered title. It is well known that the law as to them is caveat ernptor. As far as possible the rules upon the subject should bo so clear and intelligible as to preclude mistake if due diligence be used. In regard to the lien of judgments the judgment-docket has been provided, which as to purchasers and subsequent encumbrancers is intended to afford them certain information. It is the…
2Cases cited1 opinion
- Bear v. PattersonSupreme Court of Pennsylvania · 1842
3Cited by17 opinions
- Grakelow v. NashSuperior Court of Pennsylvania · 1929
- Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
- Liss v. Medary HomesSupreme Court of Pennsylvania · 1957
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
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