Eby v. Elder
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE DAUPHIN COUNTY. No. 8 May Term 1888, Sup. Ct.; court below, No. 287 March Term 1887, C. P. On March 8, 1887, service was accepted of a scire facias sur mortgage wherein Maurice R. Eby, administrator of J. R. Eby, deceased, W. J. and T. G. Calder, executors of William Calder, deceased, Simon Cameron and J. 1). Cameron, were plaintiffs, and Rebecca Elder, executrix of James Elder, deceased, Scott Elder, W. K. Cowden and W. S. Rutherford,…
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ERROR TO THE COURT OE COMMON PLEAS OE DAUPHIN COUNTY. No. 8 May Term 1888, Sup. Ct.; court below, No. 287 March Term 1887, C. P. On March 8, 1887, service was accepted of a scire facias sur mortgage wherein Maurice R. Eby, administrator of J. R. Eby, deceased, W. J. and T. G. Calder, executors of William Calder, deceased, Simon Cameron and J. 1). Cameron, were plaintiffs, and Rebecca Elder, executrix of James Elder, deceased, Scott Elder, W. K. Cowden and W. S. Rutherford, were defendants. The defendants pleaded non est factum, payment with leave, lefaleation and want of consideration. The…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett :
In this action of scire facias sur purchase money mortgage, brought to recover the balance, $1,000 and interest due thereon, the defence was failure of consideration resulting from an easement or right of way over the mortgaged premises, previously granted by the mortgagees, but unknown to the mortgagors, as they allege, at the time the lot was conveyed to them in May, 1871. The consideration of the conveyance was $21,000, one third in hand, and the residue, $14,000, evidenced by twenty-eight bonds of $500 each, secured by the mortgage in suit. Seven of the bonds…
2Cited by7 opinions
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- Wood v. EvanitzskySupreme Court of Pennsylvania · 1951
- Wood v. EvanitzskySuperior Court of Pennsylvania · 1951
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