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158 Pa. 15

Fries v. Null

Supreme Court of Pennsylvania

Decided October 30, 1893

Supreme Court of Pennsylvania · decided 1893-10-30

Appeal, No. 1, Oct. T., 1892, by defendants, Francis M. Nall and Heater Null, from judgment of C. P. Westmoreland Co., Aug. T., 1886, No. 124, on verdict for plaintiff, Jesse Fries. Reargument; sci. fa. sur judgment in ejectment. The facts appear in 154 Pa. 573.

Good law ✅— No negative treatment on recordhow we know

Decided 1893-10-30

How this case has been cited

Cited by 5 later decisions — most recently April 2008

1 district · 3 state decisions

20189319001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Justice Green,

¶2We have given a patient and careful attention to the very able argument of the learned counsel for the appellee in this ease, with an entire willingness to correct any error we may have committed in our former opinion. But after a re-examination of the opinion, and in the light of the reasoning and authorities submitted on behalf of the appellee, we find ourselves unable to change the view we then expressed. In the case of Burke v. Allen, 3 Yeates, 351, the facts were so entirely different from those of the present case, and the parties and their positions, with reference to each other and the real question at issue, were so variant from the present contention, that we cannot regard the decision as applicable to the question arising on this record. Nor is the act of 1820 at all applicable to these parties or to their controversy. Of course as between opposing mortgages there is no lien except from the date of record. We do not deem it necessary to repeat or enlarge upon the reasoning heretofore expressed upon the meaning and effect of the act of 1775. We are not convinced that it was erroneous and therefore abide by it. It follows that the judgment of reversal heretofore entered remains.

Williams, Mitchell and Thompson, JJ., dissent.
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