Moore v. Cornell
Supreme Court of Pennsylvania
March 31st 1871. Before Thompson, C. J., Read and Shars•wood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Lycoming county: Of January Term 1871, No. 354. The record in the court below showed a scire facias sur mortgage, issued August 12th 1868, by Amanda E. Cornell, for the use of A. C. Moore, against John Eutermarks, administrator d. b. n. of W. W. Willard, deceased.
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March 31st 1871. Before Thompson, C. J., Read and Shars•wood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Lycoming county: Of January Term 1871, No. 354. The record in the court below showed a scire facias sur mortgage, issued August 12th 1868, by Amanda E. Cornell, for the use of A. C. Moore, against John Eutermarks, administrator d. b. n. of W. W. Willard, deceased. The verdict, June 1st 1870, was for the plaintiff for $2323.04. On the 30th of September the court ordered that “ a feigned issue be joined to try the right to the judgment recovered in this case, in…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
A mortgage, though in form a conveyance of land, in virtue whereof the mortgagee may maintain ejectment, and recover and hold the possession until paid, is nevertheless in substance only a security for a debt. It is but a chose in action,— personal estate. A devise of a man’s personal estate carries with it all his mortgages. A mortgage is discharged by payment, and an assignment of the debt transfers the right to the mortgage itself; for whatever will give the money secured by the mortgage, will carry the mortgaged premises along with…
2Cases cited3 opinions
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