Stoever v. Rice
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Frederick Stoever against Robert Rice, to recover a certain messuage and lot of ground, situate in the City of Philadelphia.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Frederick Stoever against Robert Rice, to recover a certain messuage and lot of ground, situate in the City of Philadelphia. On the trial of the case before Barnes, President, on of January, 1834, the circumstances appeared to be as follows: The defendant was tenant of the premises in question, under one Robert Fleming, who claimed to be owner of the same in fee simple, by virtue of a sheriff’s sale upon an execution. *On the 1st of July, 1811,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is unnecessary to say whether the mortgagee could have defended his tenant’s possession on the mortgage alone; yet it may not be amiss to say it would be difficult to show that the judicial sale, at which the plaintiff purchased, as the law then stood, had not extinguished.it as an incumbrance merely. Nothing, however, is clearer, than that the mortgagee had acquired an inchoate right, which was superior to that of an incumbrancer, his purchase *under his own levari facias, and consequently an estate in the When this court decided, as…
2Cases cited3 opinions
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Ragan's EstateSupreme Court of Pennsylvania · 1838
- Penington v. CoatsSupreme Court of Pennsylvania · 1841
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- Brereton EstateSupreme Court of Pennsylvania · 1946
- Wells Fargo Bank, N.A. v. LongSuperior Court of Pennsylvania · 2007
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Herbert EstateSupreme Court of Pennsylvania · 1947
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