Cromwell v. Bank of Pittsburg
U.S. Circuit Court for the District of Western Pennsylvania
Thomas Cromwell being seised of a large tract of land near Pittsburg, mortgaged it in fee, in May, 1S19, to the Bank..of Pittsburg. A scire facias (equivalent ’to" the equity bill of foreclosure,) having issued in August, 1820, upon the mortgage, service was accepted by Cromwell, and the writ regularly returned.
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Thomas Cromwell being seised of a large tract of land near Pittsburg, mortgaged it in fee, in May, 1S19, to the Bank..of Pittsburg. A scire facias (equivalent ’to" the equity bill of foreclosure,) having issued in August, 1820, upon the mortgage, service was accepted by Cromwell, and the writ regularly returned. By the practice of the court, the entries of all its judgments were first, made in a rough or small docket, and then as reg-' ularly copied, with care, from it into a clean and larger one; uone ‘being copied into the larger, unless first made in the rough one. The large docket…
1Opinion of the Court
GRIER, Circuit Justice.
Assuming, for the present, the truth of the complainant’s assertion, that the record in evidence does not show a legal judgment as foundation for a writ of levari facias, have the complainants shown themselves entitled to a decree on the other facts of the case?
On this assumption, their case stands thus: The mortgagee takes possession of the mortgaged premises, claiming to be the owner of the equity of redemption, and of an indefeasible estate in fee. The mortgagor, not disputing the validity of his claim, delivers the possession. The mortgagee and his ven-dees remain…
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