McMasters ex rel. Parsons v. Wilhelm
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 186. Scire facias sur mortgage issued by John H. McMasters and wife for use of Martha Parsons against Henry Wilhelm. About the 12th of August 1878, McMasters and his wife conveyed to the defendant certain lots of ground for $4500, of which $1500 were paid in cash, and the balance $3000 secured by bond and mortgage on the premises.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1877, No. 186. Scire facias sur mortgage issued by John H. McMasters and wife for use of Martha Parsons against Henry Wilhelm. About the 12th of August 1878, McMasters and his wife conveyed to the defendant certain lots of ground for $4500, of which $1500 were paid in cash, and the balance $3000 secured by bond and mortgage on the premises. The mortgage was made to Mrs. McMasters, who owned the property and was then and is still a feme covert. On August 25th 1873, the mortgage was assigned by…
1Opinion of the CourtJustice Woodward
It was alleged in the affidavit of defence that the mortgage in suit was given for part of the purchase-money for thirty-six lots of land bought of the plaintiffs by the defendant; that at the time of the purchase, it was agreed that the plaintiffs should release the lien of the mortgage from any lots the defendant should sell, on receiving a reasonable amount of the purchase-money, so as not unreasonably to reduce the security for the sum unpaid; that a short time afterwards, the defendant sold thirteen lots, and offered to pay the plaintiffs one thousand dollars upon receiving a release of…
2Cited by3 opinions
- McCune v. GrossSupreme Court of Pennsylvania · 1954
- Livengood v. HaySuperior Court of Pennsylvania · 1913
- Hickey v. SternSupreme Court of Pennsylvania · 1945