Hodgdon v. Naglee
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia. This was a scire facias quare éxecutio non upon a judgment entered upon a bond with warrant of attorney, accompanying a mortgage executed by Alexander L. Hodgdon, the defendant, to John Tustin, and assigned by him to John Naglee, the plaintiff, The defendant filed the following affidavit of defence: Alex.
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ERROR to the District Court for the city and county of Philadelphia. This was a scire facias quare éxecutio non upon a judgment entered upon a bond with warrant of attorney, accompanying a mortgage executed by Alexander L. Hodgdon, the defendant, to John Tustin, and assigned by him to John Naglee, the plaintiff, The defendant filed the following affidavit of defence: Alex. L. Hodgdon, the above defendant, being duly affiimed, says that he has a just and true defence to the plaintiff’s demand in this case, of the following nature and character, viz., that the writ above-mentioned is a scire…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Hodgdon, the plaintiff in error, executed several bonds, assignable in their terms, to John Tustin, the assignor of the defendant in error, to secure the payment of several sums of money, with a warrant of attorney annexed to each, authorizing the entry of a judgment thereon for the amount thereof; and at the same time executed a mortgage on certain real estate belonging to him, to Tustin, as a collateral security for the payment of the moneys mentioned in .the bonds, which were all recited in the mortgage. Tustin assigned one of the bonds…
2Cases cited2 opinions
- Bury v. HartmanSupreme Court of Pennsylvania · 1818
- Brindle v. M'IlvaineSupreme Court of Pennsylvania · 1822
3Cited by4 opinions
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Lee ex rel. Walker v. SalladaSuperior Court of Pennsylvania · 1898
- May v. NewinghamSuperior Court of Pennsylvania · 1901
- Schober v. MatherSupreme Court of Pennsylvania · 1865