Spencer v. Jennings
Spencer v. Jennings
Opinion of the Court
■ It was decided in Spencer v. Jennings, 123 Pa. 184, that the mortgage under which the premises in controversy were sold was void, for the reason that the Orphans’ Court of Allegheny county had no jurisdiction to authorize it. From this the conclusion logically follows that the plaintiffs are not bound or affected by the proceedings under that mortgage, and their title to the real estate is not divested. It is now claimed that they cannot recover in this ejectment for the reasons, (a) that they have been guilty of laches, and (5) that they have received or participated in the enjoyment of the purchase money. It may be conceded that, had they knowingly received the pur-
Judgment affirmed.
Reference
- Full Case Name
- J. SPENCER v. B. JENNINGS
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Lands of a decedent were sold in 1867, under a mortgage executed by tbe decedent’s administrator which was without authority and therefore void. The right of the heirs to recover the lands by ejectment brought in 1884, was unaffected by laches alleged, or by the fact that, while they were minors but without their knowledge, a portion of the proceeds of the mortgage sale were received by the administrator and invested in other lands, the title to which, on the death of the life-tenant in 1880, vested in fee in the plaintiffs.