Robinson v. Atlantic & Great Western Railway Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1870. .On the 1st of October 1865, the Atlantic and Great Western Railway Company mortgaged to John R. Penn “ all the estate and property, real, personal and mixed, and all fixtures, rights, privileges, franchises, easements, rights under leases, terms, and parts of terms, agreements, covenants and contracts of all and every kind, held and owned or occupied by the said party of the first…
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1870. .On the 1st of October 1865, the Atlantic and Great Western Railway Company mortgaged to John R. Penn “ all the estate and property, real, personal and mixed, and all fixtures, rights, privileges, franchises, easements, rights under leases, terms, and parts of terms, agreements, covenants and contracts of all and every kind, held and owned or occupied by the said party of the first part. * * * Together with all and singular the lands, * * * privileges, franchises, rights and interests, real estate,…
1Opinion of the Court
The opinion of the court was delivered, October 27th 1870, by
Agnew, J.
— The plaintiff in error, who was plaintiff in the execution, levied upon the property mentioned in the description of the sheriff as the property of the defendants, and proposed to sell it as such. He therefore affirms the defendants’ title by his own act. This is neither the time nor the manner of establishing the want of title of the defendants by reason of a want of power under their charter to take and hold the property.
The court below set aside the plaintiff’s levy and execution on the ground that the property had…
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