Scott v. Hough
Supreme Court of Pennsylvania
Appeal, No. 6, Oct. T., 1892, by defendant, E. C. Hough, from judgment of C. P. Westmoreland Co., Feb. T., 1890, No. 481, for plaintiff, John B. Scott, to use E. F. Scott, by court without jury. Sci. fa. sur mortgage.
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Appeal, No. 6, Oct. T., 1892, by defendant, E. C. Hough, from judgment of C. P. Westmoreland Co., Feb. T., 1890, No. 481, for plaintiff, John B. Scott, to use E. F. Scott, by court without jury. Sci. fa. sur mortgage. The case was tried without a jury under the act of 1874. The court found the facts as follows, in an opinion by Doty, P. J.: “ 1. John B. Scott, the legal plaintiff, on March 6, 1888, sold a certain printing press and other articles to E. C. Hough, the defendant herein, for the sum of §1,675, payable in cash §175, by mortgage §775, and secured by a lease §725. “ 2. The defendant…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
It having been conceded, that the mortgage in suit formed with the lease part of the original contract, the use plaintiff, E. E. Scott, must be conclusively presumed to have taken with knowledge of the facts, and consequently of the reserved right to rescind and of the legal effect of its exercise. When his assignor, in the exercise of this right, recovered possession of the printing press, etc., the contract was by its terms at an end, and the mortgage, being part thereof, fell with it. The defence is not, as plaintiff suggests, based on an equity which has…
2Cited by7 opinions
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- Ketcham v. DavisSuperior Court of Pennsylvania · 1906
- Smith v. J. I. Case Threshing Machine Co.Superior Court of Pennsylvania · 1912
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