Fisler v. Stewart
Supreme Court of Pennsylvania
Appeal, No. 219, Jan. T., 1898, by plaintiff, from judgment of C. P. Northampton Co., May T., 1897, No. 51, on verdict for terre-tenant. Scire facías sur mortgage. Before Yerkes, P. J., of the 7th judicial district, specially presiding.
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Appeal, No. 219, Jan. T., 1898, by plaintiff, from judgment of C. P. Northampton Co., May T., 1897, No. 51, on verdict for terre-tenant. Scire facías sur mortgage. Before Yerkes, P. J., of the 7th judicial district, specially presiding. At the trial it appeared that the suit was a scire facias on a mortgage given by Edward F. Stewart to Samuel Fisler, trustee, recorded December 30, 1893. The mortgagor did not appear to defend, and the jury were sworn between the plaintiff and William Laubach, terre-tenant. On December 27,1893, Edward F. Stewart and Margaret H. Stewart, his wife, gave a bond,…
1Opinion of the Court
Opinion bt
Mb. Justice Mitchell,. This is a scire facias on a mortgage, and defense by the terre-tenant that the mortgage was discharged by the judicial sale at which he purchased. One Fulmer was the holder of a judgment which was the first lien on the land in question, and also on other land of the mortgagor and the latter’s wife; the mortgage in suit was the second lien on the "land in question, which was also subject to a third lien upon which it was taken in execution. Pending this execution Fulmer filed of record with the'prothonotary a release of this land from the lien of his judgment,…
2Cases cited3 opinions
- Tarr v. RobinsonSupreme Court of Pennsylvania · 1893
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
- Saunders v. GouldSupreme Court of Pennsylvania · 1890
3Cited by3 opinions
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
- Stewart v. StewartSupreme Court of Pennsylvania · 1903
- Nolan v. Wittenmyer, Pennsylvania Court of Common Pleas, Dauphin County1932