Guthrie v. Kahle
Supreme Court of Pennsylvania
' Error to the Common Pleas of Jefferson county. This was an action of trespass quare clausum fregit de bonis asportatis, by James W. Guthrie against Frederick Kahle, Jr., and thirteen others, to recover damages for cutting and carrying away timber growing upon land claimed by the plaintiff, to which the defendants pleaded liberum tenementum. All the material facts of the case will be found in the opinion of. this court.
1Opinion of the Court
*332The opinion of the court was delivered, January 4th 1864, hy
Thompson, J. — It
has been so often determined that a conveyance of land merely as a security for the loan of money, with a separate defeasance, is but a mortgage, that it ought now to be regarded as an elementary principle, which needs not the citation of authorities to support. Between the parties and everybody else with notice of the transaction, it is a mortgage.
Guthrie, the plaintiff, transferred his title to the land on which he charges the defendant with committing the trespass by an instrument under seal of the following tenor…
2Cases cited1 opinion
- Givens v. M'CalmontSupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Peoples-Pittsburgh Trust Co. v. HenshawSuperior Court of Pennsylvania · 1940
- In Re Orsa Associates, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Wallace v. SmithSupreme Court of Pennsylvania · 1893