Hulett v. Mutual Life Insurance
Supreme Court of Pennsylvania
Error to the court of Common Pleas of Bradford county. Of January Term 1886, No. 220. This was a scire facias sur mortgage wherein the Mutual Life Insurance Company of New York was plaintiff, and Rufus K. Hulett was defendant, with notice to Effie C. Hulett and Rufus K. Hulett, her husband, Alice J. 'Patterson and Walter G. Patterson her husband, and Gilbert E. Hulett, terre tenants.
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Error to the court of Common Pleas of Bradford county. Of January Term 1886, No. 220. This was a scire facias sur mortgage wherein the Mutual Life Insurance Company of New York was plaintiff, and Rufus K. Hulett was defendant, with notice to Effie C. Hulett and Rufus K. Hulett, her husband, Alice J. 'Patterson and Walter G. Patterson her husband, and Gilbert E. Hulett, terre tenants. Effie C. Hulett pleaded non est factum and coverture, and Gilbert Hulett and Alice J. Patterson pleaded that they held no lands bound by the lien of the mortgage. The following are the facts of the case as they…
1Opinion of the CourtJustice Clark
A terre tenant, in a general sense, is one who is seised or actually possessed of lauds as the owner thereof. In a scire fadas sur mortgage or judgment, a terre tenant is, in a more restricted sense, one, other than the debtor, who becomes seised or possessed of the debtor’s lands, subject to the lien thereof. Those only are terre tenants therefore, in a technical sense, whose title is subsequent to the incumbrance: Chahoun v. Hollenbach, 16 S. & R., 425.
“ Strictly speaking says Chief Justice Gibson, in Mitchell v. Hamilton, 8 Barr, 491, “only the debtor’s subsequent grantee of the fee simple…
2Cited by20 opinions
- Commonwealth Tr. Co. of Pbg. v. HarkinsSupreme Court of Pennsylvania · 1933
- Handel & Hayden Building & Loan Ass'n v. EllefordSupreme Court of Pennsylvania · 1917
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
- Armstrong v. ConnellySupreme Court of Pennsylvania · 1929
- Lipshutz v. PlawaSupreme Court of Pennsylvania · 1958
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