Blair v. Mathiott
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was a scire facias on a mortgage covering lots Nos. 6 and 8, in the borough of Ligonier, by J. D. Mathiott, administrator, &c., of Noah Mendell, now for the use of Henry R. Marker, against John E. Blair, in which the following case was stated for the opinion of the court:— John Hill and J. D. Mathiott were administrators of the estate of Noah Mendell, and the lots described in the mortgage were sold by them to the…
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Error to the Common Pleas of Westmoreland county. This was a scire facias on a mortgage covering lots Nos. 6 and 8, in the borough of Ligonier, by J. D. Mathiott, administrator, &c., of Noah Mendell, now for the use of Henry R. Marker, against John E. Blair, in which the following case was stated for the opinion of the court:— John Hill and J. D. Mathiott were administrators of the estate of Noah Mendell, and the lots described in the mortgage were sold by them to the defendant, under an order of the Orphans’ Court of Westmoreland county, upon proceedings in partition, and this mortgage taken…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1864, by
Thompson, J.
It has been suggested that we must regard the legal party on this record, in treating of the question of set-off, and that as he is an administrator, and the fund to be recovered is distributable in the Orphans’ Court, a set-off cannot be maintained. This is a mistake. The money was not recoverable for, or due the estate at all, but payable to one of the heirs of Hoah Mendell, deceased.
It is an attempt to defalcate a claim not against the obligee or mortgagee himself, but against an assignee in the hands of his assignee.…
2Cases cited3 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1834
- Filbert v. HawkSupreme Court of Pennsylvania · 1839
- Metzgar ex rel. Uhler v. MetzgarSupreme Court of Pennsylvania · 1829
3Cited by2 opinions
- Smith v. StrickerSuperior Court of Pennsylvania · 1936
- Interstate Distributing Co. v. ConnellSuperior Court of Pennsylvania · 1911