Fisher v. Clyde
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Columbia county. This was a scire facias sur mortgage, at the suit of William Clyde and Jacob Leisenring, assignees of John S. Heister and Henry A. Muhlenburg, executors of Joseph Heister, deceased, who was assignee of Joshua - Benson, against William Kase, administrator de bonis non cum testamento annexo of Henry Fisher, deceased, with notice to John Fisher and Caleb Fisher, terretenants.
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ERROR to the Common Pleas of Columbia county. This was a scire facias sur mortgage, at the suit of William Clyde and Jacob Leisenring, assignees of John S. Heister and Henry A. Muhlenburg, executors of Joseph Heister, deceased, who was assignee of Joshua - Benson, against William Kase, administrator de bonis non cum testamento annexo of Henry Fisher, deceased, with notice to John Fisher and Caleb Fisher, terretenants. The mortgage bears date the 29th of April 1812, and was given by Henry Fisher, in his lifetime, to Joshua Benson, on a tract of land then lying wholly in Northumberland county,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
That the court‘below, in their instruction to the jury, erred, is very apparent. For the plaintiffs below having purchased that portion of the mortgaged land which they now hold, lying in Northumberland county, subject, at least, to the payment of its due proportion of the mortgage debt, they, in paying the amount of it to the executors of Joseph Heister, must, in equity and upon every principle of natural justice, be considered as having paid it, the same as if it had been their own debt, so far as it was properly a charge upon that portion…
2Cited by2 opinions
- Delaware County Trust Co. v. LukensSuperior Court of Pennsylvania · 1909
- Appeal of MartinSuperior Court of Pennsylvania · 1896