Steinhauer v. Witman
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Schuylkill county, on which a bill of exceptions was returned with the record. John Myer, deceased, having purchased a tract of land of the plaintiff, and received a deed of conveyance for the same, with a covenant of special warranty, executed a mortgage of the laud so purchased and conveyed, for securing the payment of part of the purchase money.
Read the full summary
In Error. THIS was a writ of error to the Common Pleas of Schuylkill county, on which a bill of exceptions was returned with the record. John Myer, deceased, having purchased a tract of land of the plaintiff, and received a deed of conveyance for the same, with a covenant of special warranty, executed a mortgage of the laud so purchased and conveyed, for securing the payment of part of the purchase money. The plaintiff issued a scire facias,on the mortgage, and on the trial the defendant, pursuant to notice in writing according to a rule of court, offered to give evidence, that part of the…
1Opinion of the Court
Tilghman C. J.
The plaintiff in error contends, in the first place, that the defendant is estopped from denying the title, which he himself conveyed by the mortgage. But this scire facias is, in truth, nothing more than a proceeding under the act of assembly of 1705, for the recovery of a debt due to the plaintiff; and the act, under which it is brought, provides, that the defendant may put in any lawful plea, in avoidance of the debt. The notice given by the defendant, amounts to a plea, so that the only question is, whether the matter offered in evidence be a lawful defence ? And it makes…
2Cases cited1 opinion
- Swift v. HAWKINS AND OTHERSSupreme Court of the United States · 1768
3Cited by11 opinions
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- Bashore v. WhislerSupreme Court of Pennsylvania · 1835
- Cook v. MixSupreme Court of Connecticut · 1836
- Hart v. Executors of PorterSupreme Court of Pennsylvania · 1819
- Union Pacific Railway v. DonnellanWyoming Supreme Court · 1882
6 more not listed; retrieve them via the Exa API.