Berger v. Hiester
Supreme Court of Pennsylvania
■ Error to the Common Pleas of Montgomery County. To May Term, 1836, of that court, Rachel Hiester brought a writ of scire facias against Jacob Berger, (with notice to George Richards and Wm. Carmony, terre-tenants,) upon a mortgage executed by the defendant to the plaintiff. A case was stated for the opinion of the court, as follows: to be considered in the nature of a special verdict.
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■ Error to the Common Pleas of Montgomery County. To May Term, 1836, of that court, Rachel Hiester brought a writ of scire facias against Jacob Berger, (with notice to George Richards and Wm. Carmony, terre-tenants,) upon a mortgage executed by the defendant to the plaintiff. A case was stated for the opinion of the court, as follows: to be considered in the nature of a special verdict. “Ón the 29th day of December, a. d., 1832, Jacob Berger executed to Rachel Pliester three several judgment bonds, each conditioned for the payment of $266 67, one of them payable the 1st day of April next…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
That a sale on a judgment for a debt, secured by a mortgage, discharges the lien of the mortgage notwithstanding the act of 1830, was asserted in Pierce v. Potter, (7 Watts, 477,) and put on what we think tenable ground. That case was not exactly like the present, nor was a decision of the point absolutely necessary in it; still it is one of the buttresses of the judgment, and what is of decisive importance is, that at least one title, we are told, has been advisedly paid for on the authority of it. I may add to the reasons of the judge…
2Cases cited3 opinions
- Pierce v. PotterSupreme Court of Pennsylvania · 1838
- Garro v. ThompsonSupreme Court of Pennsylvania · 1838
- Stackpole v. GlassfordSupreme Court of Pennsylvania · 1827
3Cited by14 opinions
- Landau v. Western Pennsylvania National BankSupreme Court of Pennsylvania · 1971
- LANDAU v. W. PA. NAT. BANKSupreme Court of Pennsylvania · 1971
- Barker v. BellSupreme Court of Alabama · 1861
- Assigned Estate of LoveSuperior Court of Pennsylvania · 1897
- Wilhelm v. LeeHigh Court of Chancery of Maryland · 1849
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