Meigs v. Bunting
Supreme Court of Pennsylvania
APPEAL BY C. D. CLARK FROM THE OOVRT OF COMMON PLEAff HO. 3 OF PHILADELPHIA COUNTY. July Term 1890, Sup. Ct.; court below, No. 366 March Term 1889, C. P. No. 3. On April 18,1889, Arthur Y. Meigs and William M. Meigs, executors of the will oí J. Forsyth Meigs, deceased, brought scire facias upon a mortgage, dated November 26, 1873, recorded the same day, and covering certain premises on Twenty-third street, Philadelphia, against Samuel C. Bunting, Jr., with notice to Charles…
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APPEAL BY C. D. CLARK FROM THE OOVRT OF COMMON PLEAff HO. 3 OF PHILADELPHIA COUNTY. July Term 1890, Sup. Ct.; court below, No. 366 March Term 1889, C. P. No. 3. On April 18,1889, Arthur Y. Meigs and William M. Meigs, executors of the will oí J. Forsyth Meigs, deceased, brought scire facias upon a mortgage, dated November 26, 1873, recorded the same day, and covering certain premises on Twenty-third street, Philadelphia, against Samuel C. Bunting, Jr., with notice to Charles D. Clark and others, terre-tenants. Charles D. Clark having appeared and filed an affidavit of defence, a statement of…
1Opinion of the Court
OPINION,
Mu. Justice Mitchell:
A bond and mortgage are distinct and separate securities, though for the same debt. As against the rights of third parties, payment in fact of either extinguishes the debt, and therefore satisfies the other: Mitchell v. Coombs, 96 Pa. 430; Loverin v. Humboldt Co., 113 Pa. 6. And, even between the parties, the two securities are so far parts of the same transaction that the satisfaction of one is presumed to be payment of the debt and therefore to include the satisfaction of the other, and the burden of proof is on the creditor to show the contrary. But this result…
2Cases cited8 opinions
- Fleming v. ParrySupreme Court of Pennsylvania · 1854
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Coyne v. SoutherSupreme Court of Pennsylvania · 1869
- Goepp v. GartiserSupreme Court of Pennsylvania · 1860
- Loverin, Hall & Co. ex rel. Gunnison v. Humboldt Safe Deposit & Trust Co. ex rel. BurtonSupreme Court of Pennsylvania · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Liss v. Medary HomesSupreme Court of Pennsylvania · 1957
- Hilliard v. TustinSupreme Court of Pennsylvania · 1896
- Eckels v. StuartSupreme Court of Pennsylvania · 1905
- Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1952
- Maroney's EstateSupreme Court of Pennsylvania · 1933
11 more not listed; retrieve them via the Exa API.