Legal Opinion

Parmentier v. Gillespie

Supreme Court of Pennsylvania

Decided August 4, 1848PublishedCited by 1 opinion

In error from the Common Pleas of Lycoming. This was an issue directed between Mrs. Parmentier and Gillespie, both lien-creditors of Willard, to try the right of the former to the proceeds of his real estate, sold by the Orphan’s Court. The facts were 'these: — Willard had boon in treaty with Mrs. Parmentier for the advance of money, which she agreed to make on obtaining security on the lands, the proceeds of which were now in question.

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In error from the Common Pleas of Lycoming. This was an issue directed between Mrs. Parmentier and Gillespie, both lien-creditors of Willard, to try the right of the former to the proceeds of his real estate, sold by the Orphan’s Court. The facts were 'these: — Willard had boon in treaty with Mrs. Parmentier for the advance of money, which she agreed to make on obtaining security on the lands, the proceeds of which were now in question. Mrs. Parmentier resided in New York, and Willard left that place to attend to the settlement of certain liens which bound his lands. When in Tioga county, he…

1Opinion of the CourtGibson, C. J.

As the validity of the mortgage is strongly doubted by some of us, and as it is not necessary to determine it, I limit the present decision to the validity of the judgment as a concurrent security. A mortgage is a deed, of which delivery, actual or constructive, is an essential part of the execution; but delivery has nothing to do with the rendition of a judgment either by cognovit or recovery. This judgment was entered on bonds which were not delivered; but it was entered, not by virtue of the bonds, but by virtue of the warrant which attended them. In contemplation of law, like every…

2Cases cited1 opinion

  1. Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833

3Cited by1 opinion

  1. Land Title & Trust Co. v. ShoemakerSupreme Court of Pennsylvania · 1917

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