Knaub v. Esseck
Supreme Court of Pennsylvania
ERROR to the common pleas of Adams county. This was an action of ejectment by Sophia Esseck against Jacob Knaub, and was founded on a mortgage conditioned for the payment of 14 pounds 19 shillings and 5 pence annually to the plaintiff during her natural life. The plaintiff claimed a verdict for the land, to be released on the payment of three instalments due before suit brought.
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ERROR to the common pleas of Adams county. This was an action of ejectment by Sophia Esseck against Jacob Knaub, and was founded on a mortgage conditioned for the payment of 14 pounds 19 shillings and 5 pence annually to the plaintiff during her natural life. The plaintiff claimed a verdict for the land, to be released on the payment of three instalments due before suit brought. The defendant gave in evidence the record of a former judgment in ejectment for the same land, by the same plaintiff, to be released on tbe payment of four previous instalments; also a judgment against the owner of…
1Per curiam
Land was always sold subject to a mortgage conditioned for payment of' an indefinite number of annual instalments, depending for their continuance upon a life in being ; because these could not be valued and taken out of the purchase money. In respect to a mortgage given to secure the share of an intestate’s widow, any other rule would conflict with the act which directs her interest to remain charged on the land. As to the form of the action, it has always been held that an ejectment lies on a mortgage, because the act which provides a scire facias gives no remedy where the object is not to…
2Cited by5 opinions
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