Wright v. Vickers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia: Of January Term’1876, No. 115. This was a scire facias sur mortgage issued March 30th 1875, by Ellen E. Wright, assignee of Edward W. Smith, against George M. Vickers, administrator, &c., of Hardman Phillips Montgomery, with notice to James E. Montgomery and a large number of other persons, terre-tenants.
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Error to the Court of Common Pleas of Philadelphia: Of January Term’1876, No. 115. This was a scire facias sur mortgage issued March 30th 1875, by Ellen E. Wright, assignee of Edward W. Smith, against George M. Vickers, administrator, &c., of Hardman Phillips Montgomery, with notice to James E. Montgomery and a large number of other persons, terre-tenants. Hardman P. Montgomery, the mortgagor, was a co-tenant with a number of other persons, of real estate in the city of Philadelphia. Proceedings in partition were commenced in the District Court of Philadelphia, by one of the tenants-in-common…
1Opinion of the CourtJustice Woodward
It appears to have been taken for granted by counsel in the court below, and it was assumed in the argument here, that if the broad terms of the Act of the 26th March 1867 were to be accepted in their unqualified and literal sense, they would be controlling and decisive in favor of the view presented on behalf of the plaintiff. The case will be mainly considered, therefore, on that ground. The provision is, that the lien of a first mortgage “ shall not be destroyed or in any way affected by any judicial or other sale whatsoever, *126whether such judicial sale shall be made by virtue or authority…
2Cited by7 opinions
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- Eckels v. StuartSupreme Court of Pennsylvania · 1905
- McClure v. RaberIndiana Court of Appeals · 1939
- Commonwealth v. FrySupreme Court of Pennsylvania · 1897
- Bingaman v. McCandlessSuperior Court of Pennsylvania · 1913
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