Fluck v. Replogle
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. This was an ejectment by the assignee of a mortgage. It was agreed, by the parties, to produce the evidence before the court, without a jury, and the court to state the facts in the nature of a special verdict, and to give judgment on these facts, agreeably to their opinion of the law. Either party to be entitled to a writ of error.
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Error to the Common Pleas of Bedford county. This was an ejectment by the assignee of a mortgage. It was agreed, by the parties, to produce the evidence before the court, without a jury, and the court to state the facts in the nature of a special verdict, and to give judgment on these facts, agreeably to their opinion of the law. Either party to be entitled to a writ of error. The facts were ascertained to be as follows: — The whole tract of land, for part of which this ejectment is brought, was mortgaged, on the 1st of April, 1832, by Christian Snyder, (who was then the legal owner,) to John…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The whole tract of land, for part of which the ejectment is brought, was mortgaged, on the 1st of April, 1832, by Christian Snyder, (who was then the legal owner,) to John Piper and John Snyder, administrators of John Snyder, deceased, for $5,087 83, conditioned for the payment of $2,543 91J, in two equal annual payments. The mortgage was assigned to Daniel Replogle, the present plaintiff, by the surviving mortgagee, for the consideration of the whole amount then due. There is yet due on the mortgage, $1,569 05.
By the assignment, the legal…
2Cited by6 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Day v. OstergardSuperior Court of Pennsylvania · 1941
- Malamut v. HainesDistrict Court, M.D. Pennsylvania · 1943
- Dubin v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1938
- Waln v. BeaverSupreme Court of Pennsylvania · 1894
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