Mode's Appeal
Supreme Court of Pennsylvania
THIS was an appeal by Alexander Mode and Jane Johnson, Jun., from the decree of the Court of Common Pleas of Chester county, distributing money in court arising from the sale of real estate by the sheriff under writs of execution.
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THIS was an appeal by Alexander Mode and Jane Johnson, Jun., from the decree of the Court of Common Pleas of Chester county, distributing money in court arising from the sale of real estate by the sheriff under writs of execution. Samuel Eckstein was on the 9th May 1825, the owner of a paper-mill, messuage and four adjoining tracts of land in Chester county, containing about 130 acres, which on that day he mortgaged to Alexander Mode and William Mode to secure the payment of $5000 in instalments, of which $1000 had been since paid off, which mortgage was recorded on the 11th May 1825. In…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Liens on land, which are to bind it in the hands of purchasers, are strictissimi juris. They are cautiously^ prescribed by law, and the modes of entering and continuing*them must be strictly complied with. There is commonly a clash of honest claims, in which some one must suffer, and he to whom the law gives the right, prevails. Notions of equity do not control these conflicts; it is a contest for the right, and each party can insist on what the law awards him, all being innocent and struggling for safety. Hence liens with us are matters of…
2Cases cited2 opinions
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
3Cited by9 opinions
- Peirce v. BlackSupreme Court of Pennsylvania · 1884
- Silverman v. KealSuperior Court of Pennsylvania · 1939
- Zeigler's AppealSupreme Court of Pennsylvania · 1860
- Mather v. McMichaelSupreme Court of Pennsylvania · 1850
- Crooks & Cooper v. DouglassSupreme Court of Pennsylvania · 1868
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