Catlin v. Robinson
Supreme Court of Pennsylvania
WRIT of error to Susquehanna county. This was a scire, facias upon a mortgage by Putnam Catlin, assignee of Horace Binney against John W. Robinson, in which a judgment was rendered on motion for the plaintiff on the 15(h of November 1826, for 25,857 dollars ; on which a levari facias to September term 1826 was issued, and the mortgaged property was sold to the plaintiff, Putnam Catlin, for 5000 dollars.
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WRIT of error to Susquehanna county. This was a scire, facias upon a mortgage by Putnam Catlin, assignee of Horace Binney against John W. Robinson, in which a judgment was rendered on motion for the plaintiff on the 15(h of November 1826, for 25,857 dollars ; on which a levari facias to September term 1826 was issued, and the mortgaged property was sold to the plaintiff, Putnam Catlin, for 5000 dollars. On the 30th of November 1829 a motion was made at the instance of Robert Eldridge and others, who were terre-tenants of the mortgaged land, to open the judgment and let them into a defence ;…
1Opinion of the Court
The opinion of the Court was delivered'by
Gibson, C. J.—In
Auwater v. Mathiot, 9 Serg. & Rawle 402, we have the origin of a principle which resolves-all difficulties in cases like the present. It was there determined that the interest of a vendee, being in proportion to the amount of purchase money actually paid, is separately bound by a judgment, and may be separately sold on an execution, leaving the legal estate, and so much of the equitable estate as has not been paid for, untouched in the vendor. The converse of that proposition received the' sanction of this court in M’Mullen v. Wenner,…
2Cases cited2 opinions
- Huston v. MitchellSupreme Court of Pennsylvania · 1826
- Chahoon v. HollenbackSupreme Court of Pennsylvania · 1826
3Cited by29 opinions
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Cook v. WoodIllinois Supreme Court · 1860
- King v. BrooksSupreme Court of Pennsylvania · 1873
- Commonwealth v. Mayloy & KeatingSupreme Court of Pennsylvania · 1868
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
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