Johnson's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county. This was an appeal taken by J. M. Johnson (who was the assignee of a judgment held by A. Misky v. John W. Duncan), from the decree of the court, distributing the proceeds of the sheriff’s sale of the real estate of said Duncan. ' John W. Duncan was the owner of certain real estate in Allegheny county, which, on the 12th of March 1856, was bound by the lien of a judgment in favour of Schoneberger, executor, for…
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Appeal from the decree of the District Court of Allegheny county. This was an appeal taken by J. M. Johnson (who was the assignee of a judgment held by A. Misky v. John W. Duncan), from the decree of the court, distributing the proceeds of the sheriff’s sale of the real estate of said Duncan. ' John W. Duncan was the owner of certain real estate in Allegheny county, which, on the 12th of March 1856, was bound by the lien of a judgment in favour of Schoneberger, executor, for the use of A. & W. K. Nimick, for &4012.21. On the 30th of August 1856, he executed the following mortgage to the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— What was the amount of the debt due from John W. Duncan, the mortgagor, to the Messrs. Nimick, on the 20th of August 1856, when the mortgage was given, does not appear in the case, nor is it material. That there was then an indebtedxress, and that it was contemplated between the mortgagor and mortgagees that the time of payment should be extended, and that further advances should thereafter be made, at the discretion of the mortgagees, is apparent from the terms of the mortgage itself. On the 4th of November 1856, when the judgment of the…
2Cited by4 opinions
- Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
- Delaware Dredging Co. v. Tucker Stevedoring Co.Court of Appeals for the Third Circuit · 1928
- Bell v. ClarkSuperior Court of Pennsylvania · 1909
- Markley v. Allison, Pennsylvania Court of Common Pleas, Beaver County1943