Bowers v. Oyster
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of ejectment, in which, in the court below, Jacob Bower was defendant, and Abraham Oyster and George Oyster were plaintiffs. John Worrrtley, in his life time, was the owner 'Of the house and lot in Wó’rmley sburg, for which the ejectment was brought, and both plaintiff’s and defendants claimed title Under him.
Read the full summary
Error to the Common Pleas of Cumberland county. This was an action of ejectment, in which, in the court below, Jacob Bower was defendant, and Abraham Oyster and George Oyster were plaintiffs. John Worrrtley, in his life time, was the owner 'Of the house and lot in Wó’rmley sburg, for which the ejectment was brought, and both plaintiff’s and defendants claimed title Under him. In 1820, Wormley ■ being indebted to Bower, they made a parol agreement, by which, the possession of the house and lot in controversy, was delivered to Bower, to hold as a security for the payment of his debt, and until…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
In this case, although four points were submitted by the counsel for the plaintiff in error to the court below for their decision, yet they present but two questions, which will he Considered.
The first is, whether a pafol mortgage of land, accompanied by possession in the mortgagee, to secure the payment of a debt owing to him by the mortgagor, by specialty, is good against subsequent purchasers, for a valuable consideration, and entitled to preference in respect to alien, as against subsequent judgment creditors, or is sufficient to create…
2Cases cited6 opinions
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
- Wentz v. DehavenSupreme Court of Pennsylvania · 1815
- Kauffelt v. BowerSupreme Court of Pennsylvania · 1821
- President of Schuylkill Navigation Co. v. ThoburnSupreme Court of Pennsylvania · 1821
- Moliere's Lessee v. NoeSupreme Court of the United States · 1806
1 more not listed; retrieve them via the Exa API.