Truman v. Weed
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western District of Pennsylvania. This was an action of scire facias on a mortgage by Emily M. Truman against Lucy T. Weed and others. The circuit court gave judgment for the defendants. Plaintiff brings error.
1Opinion of the Court
DALLAS, Circuit Judge.
This was an action of scire facias on a mortgage which was dated October 10, 1878, but was not recorded until August 5, 1893. The court below held that this mortgage, because of the delay in recording it, was invalid, and therefore, upon points reserved, entered judgment for the defendants. The material facts and circumstances of the case were well stated by the learned trial judge, as follows:
“Although the mortgage in suit was executed and delivered on October 10, 1878, it was not recorded until August 5, 1893. The mortgagor, Frederick R. Weed, died on April 1, 1882,…
2Cases cited7 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Fries v. NullSupreme Court of Pennsylvania · 1893
- Burke ex rel. Harrison v. AllenSupreme Court of Pennsylvania · 1802
- Townsend v. ToddSupreme Court of the United States · 1876
- Fries v. NullSupreme Court of Pennsylvania · 1893
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