Overton v. Tracey
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of !Bradford county. brought this action of assumpsit to September Term, 1820, against Thomas Overton, the plaintiff in error, upon a parol guarantee of the solvency of one Robert Drew, and ’of the sufficiency of certain real estate to pay a debt for which it had been mortgaged by the said Robert Drew to the plaintiff in error, who had assigned the mortgage, togeiher with the bond to secure which it was given, to the said…
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IN ERROR. Writ of error to the Court of Common Pleas of !Bradford county. brought this action of assumpsit to September Term, 1820, against Thomas Overton, the plaintiff in error, upon a parol guarantee of the solvency of one Robert Drew, and ’of the sufficiency of certain real estate to pay a debt for which it had been mortgaged by the said Robert Drew to the plaintiff in error, who had assigned the mortgage, togeiher with the bond to secure which it was given, to the said Tracey. The declaration contained three counts. The first count set forth, that in consideration that the said Tracey.…
1Opinion of the Court
The opinion of the court was delivered by
BxracAN, J.
The several questions raised on this record are important,-and have received all the consideration their importance demands.' It was an action of assumpsit, on a parol guarantee of the solvency of the debtor, and the adequacy of the lands mortgaged to pay the mortgage money. -The assignments of the bond and mortgage were made under seal, and in the presence of two *324witnesses, and contained no covenant except tbe one implied by the words, “assigned and set over,” which would not reach the solvency of the debtor or the sufficiency of the estate…
2Cases cited5 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Pacific Cable Construction Co. v. McNattWashington Supreme Court · 1891
- Gibbs v. CannonSupreme Court of Pennsylvania · 1823
- Christ v. DiffenbachSupreme Court of Pennsylvania · 1815
- Lessee of Thomson v. WhiteSupreme Court of the United States · 1789
3Cited by4 opinions
- Martindale v. MooreIndiana Supreme Court · 1833
- Jones v. TrimbleSupreme Court of Pennsylvania · 1832
- Sidwell v. EvansSupreme Court of Pennsylvania · 1830
- Morrison v. MorrisonSupreme Court of Pennsylvania · 1843