Legal Opinion

Cover v. Black

Supreme Court of Pennsylvania

Decided September 15, 1845PublishedCited by 9 opinions

Error to the Common Pleas of Westmoreland county. Black issued a scire facias sur mortgage to secure eighteen promissory notes. Walthour, who defended as a purchaser at sheriff’s sale under her own judgment against Cover, proved that three of these notes were taken up and judgment notes substituted therefor, on some of which judgment was entered, the parties supposing the substituted notes were also secured by the mortgage.

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Error to the Common Pleas of Westmoreland county. Black issued a scire facias sur mortgage to secure eighteen promissory notes. Walthour, who defended as a purchaser at sheriff’s sale under her own judgment against Cover, proved that three of these notes were taken up and judgment notes substituted therefor, on some of which judgment was entered, the parties supposing the substituted notes were also secured by the mortgage. After notice of the fact of the substitution, the judgment was given to Walthour. The agent who purchased at the sheriff’s sale had notice, before the sale, of these…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

Whether the original single bills were merged in the substituted judgment notes, it is not material to inquire; for certainly a mere change of the evidences of the debt would not discharge the mortgage pro tanto in favour of the mortgagor, or any one claiming on the foundation of his title, and standing in no peculiar equity. A purchaser or second mortgagee, without notice, would not be in that category; for the debtor might mislead him by producing the cancelled bills as evidence of part satisfaction; and thus the creditor, having put…

2Cases cited1 opinion

  1. Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809

3Cited by9 opinions

  1. Malamed v. SedelskySupreme Court of Pennsylvania · 1951
  2. Davey v. RuffellSupreme Court of Pennsylvania · 1894
  3. Knell v. Green Street Building Ass'nCourt of Appeals of Maryland · 1871
  4. Rubinsky v. Kosh, GuardianSupreme Court of Pennsylvania · 1929
  5. Miners Sav. Bank of Pittston, Pa. v. United StatesDistrict Court, E.D. Pennsylvania · 1953

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