Legal Opinion

Fisher v. Connard

Supreme Court of Pennsylvania

Decided April 24, 1882PublishedCited by 12 opinions

Error to the Court of Common Pleas of Bevies comity: Of ' July Term 1881, No. 45. Scire facias sur mortgage, by Henry Connard, Jr., and Henry H. Jackson, executors of the will of Thomas Jacksoiq deceased, against Daniel B. Fisher, with notice to David B. Fisher, terre-tenant. Plea, payment with leave, &c., set-off. The facts were as follows: — In May 1877, Daniel B. Fisher was the owner of certain premises in the city of Beading.

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Error to the Court of Common Pleas of Bevies comity: Of ' July Term 1881, No. 45. Scire facias sur mortgage, by Henry Connard, Jr., and Henry H. Jackson, executors of the will of Thomas Jacksoiq deceased, against Daniel B. Fisher, with notice to David B. Fisher, terre-tenant. Plea, payment with leave, &c., set-off. The facts were as follows: — In May 1877, Daniel B. Fisher was the owner of certain premises in the city of Beading. On May 29th 1877, the city'solicitor of Beading filed in the office of the prothonotary of Berks county, to No. 151, May term 1877, a municipal claim against said…

1Opinion of the CourtJustice Paxson

The mortgage in suit was recorded on the 9th day of June 1877. On tlie 29th day of May 1877, the city of Reading filed a lien against the mortgaged premises for city taxes, amounting to $10.19. On the same day a lien was filed against the same premises, by the Reading School District, for school-tax, amounting to $20.19. Each of these liens, as will be noticed, antedates the mortgage. During the year 1879, while the record stood in this condition, the mortgaged premises were sold by the *68sheriff, upon a junior judgment, to the mortgagor himself, for the sum of $40, and the purchase money was…

2Cases cited1 opinion

  1. Willard v. NorrisSupreme Court of Pennsylvania · 1829

3Cited by12 opinions

  1. Erie v. Piece of LandSupreme Court of Pennsylvania · 1940
  2. Gordon v. HarrisburgSupreme Court of Pennsylvania · 1933
  3. Miners' Bank of Wilkes-Barre v. AckerCourt of Appeals for the Third Circuit · 1933
  4. Fourney's LicenseSuperior Court of Pennsylvania · 1905
  5. Montgomery Light & Traction Co. v. AvantSupreme Court of Alabama · 1918

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