Moore v. Shultz
Supreme Court of Pennsylvania
Error, to the District Court, Philadelphia. Catharine Mary Moore, who survived Jane Moore, vs. William J. Shultz, administrator, &c., of Susan Shultz, terre tenant. Scii;e Facias on a mortgage. This was a scire facias on a mortgage, executed by Robert E. Shultz to Catharine M. Moore and Jane Moore, to secure payment of his bond for $500, in one year, with interest. Defence was taken.
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Error, to the District Court, Philadelphia. Catharine Mary Moore, who survived Jane Moore, vs. William J. Shultz, administrator, &c., of Susan Shultz, terre tenant. Scii;e Facias on a mortgage. This was a scire facias on a mortgage, executed by Robert E. Shultz to Catharine M. Moore and Jane Moore, to secure payment of his bond for $500, in one year, with interest. Defence was taken. The only question was whether the sale, by order of the Orphans’ Court, hereafter referred to, discharged the property from the lien of the mortgage upon it.
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
The use was executed by the statute. Benjamin S. Shultz, his hprs and assigns, were seized to the use of Mrs. Shultz, her heirs and assigns. There was in esse, a person seized to the use, a cestui que use, a well defined use, and a seizin, out of which it was to issue. And, where these exist, the statute executes the use, and the property in question must be considered as vested in Susan S. Shultz, from the date of the deed in February, 1835, to Benjamin S. Shultz. It is a matter of no moment in this case that the deed contained a power to…
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