Huling v. Drexell
Supreme Court of Pennsylvania
ERROR to Perry county. Francis M. Drexell against David W. Ruling. This was a scire facias upon a mortgage given by the plaintiff in error to the defendant in error, dated the 5th of September 1831, to secure the payment of 8000 dollars with interest, in eight years from the date.; which interest was made payable in Philadelphia every six months; and the mortgage contained also a provision, that it the interest remained unpaid at any time for the space of thirty days after…
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ERROR to Perry county. Francis M. Drexell against David W. Ruling. This was a scire facias upon a mortgage given by the plaintiff in error to the defendant in error, dated the 5th of September 1831, to secure the payment of 8000 dollars with interest, in eight years from the date.; which interest was made payable in Philadelphia every six months; and the mortgage contained also a provision, that it the interest remained unpaid at any time for the space of thirty days after it became due, the mortgagee might sue it., &c. All the interest which was due previously to the 5lh of September 1836…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The act of 1705 gives liberty to mortgagees, at any time after the expiration of twelve months next ensuing the last day whereon the mortgage money ought to be paid, or other condition performed, to sue forth a scire facias. As this limitation of time is intended for the benefit of mortgagors, they may, if they choose, dispense with it; and here, the mortgagor, in the event of the non payment of the interest according to the stipulations in the deed, agreed that the mortgagee might issue the writ of scire facias immediately, to recover the…
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