Moroney's Appeal
Supreme Court of Pennsylvania
Appeal by Moroney, a meclianic’s lien creditor, from the decree of tbe District Court of Philadelphia, in the matter of the distribution of the proceeds of the sheriff’s sale of the real estate of Joseph Montgomery. The case turned entirely on the validity of several contemporaneous mortgages on contiguous lots, and which the Court treated as one, given by Montgomery to Cadwalader.
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Appeal by Moroney, a meclianic’s lien creditor, from the decree of tbe District Court of Philadelphia, in the matter of the distribution of the proceeds of the sheriff’s sale of the real estate of Joseph Montgomery. The case turned entirely on the validity of several contemporaneous mortgages on contiguous lots, and which the Court treated as one, given by Montgomery to Cadwalader. On the 7th August, 1849, Cadwalader conveyed to Montgomery, by several deeds, sixteen lots in Philadelphia, for the consideration of ground-rents reserved. At the same time Cadwalader contracted, in writing, to…
1Opinion of the Court
The opinion of the Court was delivered by
LowRiE, J.
Why should the omission' to record the collateral agreement postpone the mortgage ? Is it- because the consideration of the debt is not set out in the bonds and mortgage ? The expression of a consideration, as such, is never necessary to the validity of sealed instruments. Rut the debt expressed in the bonds is the consideration and subject-matter of the mortgage; and, as subject-matter, it was necessary to set it out, and it is done truly; and the parties have, by their contract, created a lien for that very debt.
It is said, however, that it…
2Cases cited9 opinions
- Gordon v. PrestonSupreme Court of Pennsylvania · 1833
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Crane v. DemingSupreme Court of Connecticut · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Housing Mortgage Corp. v. Allied Construction, Inc.Supreme Court of Pennsylvania · 1953
- Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
- Batten v. Jurist (Northwestern Nat. Bank, Etc., Co.)Supreme Court of Pennsylvania · 1931
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
7 more not listed; retrieve them via the Exa API.