Wentz v. Dehaven
Supreme Court of Pennsylvania
In Error. THIS cause came before the court on a writ of error to Montgomery county. On the 5th of May, 1798, Mathias Wentz and Lydia his wife, executed a mortgage to John Dehaven, to secure the payment of a bond of the same date, for 150 pounds, payable in one year with interest.
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In Error. THIS cause came before the court on a writ of error to Montgomery county. On the 5th of May, 1798, Mathias Wentz and Lydia his wife, executed a mortgage to John Dehaven, to secure the payment of a bond of the same date, for 150 pounds, payable in one year with interest. On the 1st September, 1802, John Dehaven, who was the father of Lydia Wentz, signed in the presence of two witnesses a paper, to which no seal was affixed, and which he, at the time, delivered to Mathias Wentz. The following is a copy of the paper: “ September 1st, 1802. This is to certify, that I have a “ bond and…
1Opinion of the Court
Tilghman C. J.
David Dehaven executor of John Dehaven, brought suit against Mathias Wentz and Lydia his wife, on a mortgage given by them to the plaintiff’s testator, who was the father of Lydia Wentz. The defendants gave in evidence the following writing, executed by John Dehaven, in the presence of two subscribing witnesses. [Here the Chief Justice read the writing.] It was contended, on the part of the plaintiff, and so decided by the court below, that this writing was not a discharge of any part of the mortgage debt, principal or interest, and that for two reasons : 1st. Because it had no…
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