Crawford v. Simon
Supreme Court of Pennsylvania
Appeal, No. 442, Jan. T., 1893, by defendant, William Simon, from judgment of C. P. No. 3, Phila. Co., March T., 1892, No. 55, on verdict for plaintiff, Susan Crawford. Trespass for refusal to satisfy mortgage, under act of May 28, 1715,1 Sm.
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Appeal, No. 442, Jan. T., 1893, by defendant, William Simon, from judgment of C. P. No. 3, Phila. Co., March T., 1892, No. 55, on verdict for plaintiff, Susan Crawford. Trespass for refusal to satisfy mortgage, under act of May 28, 1715,1 Sm. L. 95. At the trial, before Gordon, J., it appeared that defendant, William Simon, and his mother Sarah Simon, as executors of John Simon, deceased, held a bond and mortgage against plaintiff for $1,750. When the mortgage became due William Simon notified plaintiff to pay the amount of the mortgage to him. Plaintiff declined to do so, but paid the same…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The payment of the mortgage debt, together with interest thereon and cost of satisfaction, made by the plaintiff to Sarah Simon, the defendant’s coexeeutor, was a perfectly legitimate and efficacious payment. It extinguished the debt and entitled the plaintiff to an entry of satisfaction under the act of 1715, and to the penalties prescribed by that act if such satisfaction was wrongfully refused.
It was not necessary that the payment should be made to *589the defendant because he was made one of the executors. A payment to his coexecutor alone was legally efficacious…
2Cases cited1 opinion
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