Abbott v. Kasson
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas of Orawford county: No. 88, to October and November Term 1871. This was a scire facias sur mortgage issued March 4th 1869, by Caroline S. Kasson, late Sterling, and W. M. Kasson her husband in her right, against L. W. Myers, mortgagor, W. H. Abbott and W. M. Kasson terre-tenants. The writ was served on Myers and Abbott, but returned “Nihil” as to Kasson.
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Error to tbe Court of Common Pleas of Orawford county: No. 88, to October and November Term 1871. This was a scire facias sur mortgage issued March 4th 1869, by Caroline S. Kasson, late Sterling, and W. M. Kasson her husband in her right, against L. W. Myers, mortgagor, W. H. Abbott and W. M. Kasson terre-tenants. The writ was served on Myers and Abbott, but returned “Nihil” as to Kasson. The plaintiffs gave in evidence mortgage dated August 19th 1863, from L. W. Myers to E. H. Chase and Susan A. his wife for $1335, payable in instalments, the last instalment $975 being due August 19th 1867;…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
— Had the proposed testimony been admitted, it is evident that the instructions upon it, which the court would have been bound to give, would have left it without effect in the disposition of the case; it was therefore not error to reject it.
Looking at the case in the light of the testimony, and of the offer, which we must, so far as the case is now concerned, regard as true; it appears that Abbott, the plaintiff in error, was bound to satisfy the Chase mortgage, for he sold and made a deed for the property to Kasson for a gross sum,…
2Cases cited1 opinion
- Gilkeson v. SnyderSupreme Court of Pennsylvania · 1844