Legal Opinion

Allison v. Rankin

Supreme Court of Pennsylvania

Decided September 24, 1821PublishedCited by 1 opinion

In Error. ERROR to the Court of Common Pleas of Indiana, COUIlty* This was an ejectment brought in the Court below, by J . Hugh Rankm, against John Allison, to recover 430 acres of land, and-three-fourths of an acre,, in Centre 'township, Indiana county. The plaintiff gave in evidence, a warrant to William Marshal for 400 acres, dated the 24th November, 1786, and a survey made thereon, on the 13th January, 1787, for 430 acres, and three-fourths of an acre.

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In Error. ERROR to the Court of Common Pleas of Indiana, COUIlty* This was an ejectment brought in the Court below, by J . Hugh Rankm, against John Allison, to recover 430 acres of land, and-three-fourths of an acre,, in Centre 'township, Indiana county. The plaintiff gave in evidence, a warrant to William Marshal for 400 acres, dated the 24th November, 1786, and a survey made thereon, on the 13th January, 1787, for 430 acres, and three-fourths of an acre. He then „ , , r . , ■ offered m evidence, a scire jacias, issued upon a mortgage to October Term, 1789, in which Hugh Rankin was…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

T° shew that the title of William Marshal, under whom both parties' claim, had been vested' in the plaintiff below, his counsel offered in evidence, a mortgage to the plaintiff, together with the record of a scire facias, and judgment on it, shewing a sale to the plaintiff, and also a deed from the Sheriff of the county : to all which the counsel of the defendant objected, on the ground that there was no legal service on the mortgagor, and that consequently the judgment, which was entered up by default, was irregular.' But assuming this to-be…

2Cases cited2 opinions

  1. Faulkner v. Lessee of EddySupreme Court of Pennsylvania · 1806
  2. Downing v. GallagherSupreme Court of Pennsylvania · 1816

3Cited by1 opinion

  1. Campbell v. KentSupreme Court of Pennsylvania · 1831

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