Taylor's Executors v. Maris
Supreme Court of Pennsylvania
This was an appeal from the Court of Common Pleas of Bucks County, under the Act of Assembly, relative'to the distribution of moneys arising from sheriffs’ sales.
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This was an appeal from the Court of Common Pleas of Bucks County, under the Act of Assembly, relative'to the distribution of moneys arising from sheriffs’ sales. It appeared that Maris, the defendant, executed a mortgage dated the 9th November, 1832, and recorded the 11th of the same month, to Amos Taylor, to secure the payment of sixteen thousand dollaVs, with interest half-yearly.' A bond with warrant of attorney accompanied the mortgage, on which judgment was entered on the 20th January, 1823, for the penal sum of thirty-two thousand dollars. On the 21st day of January, 1823, Maris…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The right of the holder of a judgment binding real estate, to discharge by covenant or release, a portion of that estate from the lien, preserving it in force, against the rest, cannot, as between the creditor and debtor, be disputed. It is no more than an act of common justice, where the remaining property is sufficient to respond to the claim': and he would be thought a harsh creditor, who, under such circumstances should refuse it, when,by enabling the debtor to make a clear' title to a.purchaser, it might materially relieve him. It is…
2Cases cited3 opinions
- Stevens v. CooperNew York Court of Chancery · 1815
- Nailer v. StanleySupreme Court of Pennsylvania · 1823
- Culp v. FisherSupreme Court of Pennsylvania · 1833
3Cited by21 opinions
- Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 1989
- Iglehart v. WessonIllinois Supreme Court · 1866
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Cohen v. City of HendersonCourt of Appeals of Kentucky · 1918
- Hemperley v. TysonSupreme Court of Pennsylvania · 1895
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