Mohn v. Hiester
Supreme Court of Pennsylvania
APPEAL from the decree of the common pleas of Berks county, in the case of the appropriation of the proceeds of the sale of the real estate of John Mohn.
Read the full summary
APPEAL from the decree of the common pleas of Berks county, in the case of the appropriation of the proceeds of the sale of the real estate of John Mohn. Joseph Hiester, Esq. obtained a judgment upon a scire facias on a mortgage against John Mohn for default of appearance, on the 16th of January 1830. A levari facias and alias levari facias were issued upon this judgment, each of which recited the debt to be 2930 dollars, with interest from the 10th of October 1837. The land was sold in 1837. The question in the court below was, whether the plaintiff was entitled to take out of court the…
1Per curiam
It is not pretended that a judgment on a mortgage has not, like any other, the property of turning interest into principal; nor could it be, consistently with the decision in the case of Mason’s Estate, 5 Watts 464. What, then, is there peculiar in the present? Nothing but that the levari facias calls for less interest than is actually due. It would be sufficient to say, that the judgment being in contemplation of law for the penalty, the execution ought to have called for the penalty also, and that the court would, if necessary, insert it; an amendment that would disqualify the defendant…
2Cases cited1 opinion
- Meason's EstateSupreme Court of Pennsylvania · 1836
3Cited by1 opinion
- Deshler v. HolmesSupreme Court of New Jersey · 1888