Fourth Bleucher Building Ass'n v. Halpern
Supreme Court of Pennsylvania
Appeal, No. 113, Jan. T., 1921, by defendants, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1919, No. 3320, on verdict for plaintiff, in case of Fourth Bleucher Building Assn. v. Sarah L. Halpern, executrix of Harry Halpern, deceased, mortgagor, and Muharem Allicakis, real owner. Scire facias sur mortgage. Before Rogers, J. The opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for plaintiff.
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Appeal, No. 113, Jan. T., 1921, by defendants, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1919, No. 3320, on verdict for plaintiff, in case of Fourth Bleucher Building Assn. v. Sarah L. Halpern, executrix of Harry Halpern, deceased, mortgagor, and Muharem Allicakis, real owner. Scire facias sur mortgage. Before Rogers, J. The opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $4,810.46. Defendant, Muharem Allicakis, terre tenant, appealed. Error assigned, inter alia, was (2) binding…
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
The plaintiff caused to be issued a scire facias upon a mortgage executed on February 6, 1917, by Harry Halpern. Prior to this time a judgment had been entered against Harry L. Halpern, and subsequently a second was indexed in the same way. Upon the latter an execution was had, and the land covered by the mortgage was sold to Martha Quinn, who conveyed to Muharem Allicakis. The latter, as terre-tenant, was called in as a *171party defendant, and made claim that the mortgage was discharged by the sheriff’s sale—preceded, as it was, by ánother judgment indexed, against…
2Cases cited7 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
- Gilkeson v. ThompsonSupreme Court of Pennsylvania · 1904
- Bangor & Portland Railway Co. v. American Bangor Slate Co.Supreme Court of Pennsylvania · 1902
- Butts v. CruttendenSuperior Court of Pennsylvania · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
- Coral Gables, Inc. v. KerlSupreme Court of Pennsylvania · 1939
- Byrne v. DennisSupreme Court of Pennsylvania · 1931
- Penna. Co. for Insurances on Lives & Granting Annuities v. HalpernSupreme Court of Pennsylvania · 1922
- Arch Street Building & Loan Assn. v. SookSuperior Court of Pennsylvania · 1931
3 more not listed; retrieve them via the Exa API.