Miller v. Musselman
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton County. The action below was a scire facias on a mortgage given by David Musselman to Jacob Bauer, Jacob Miller, and George Kern, to secure payment of the sum of $2,500, on the first day of April, 1820. The mortgage was dated the 20th day of March, 1820, and was duly recorded two days afterwards.
Read the full summary
Error to the Common Pleas of Northampton County. The action below was a scire facias on a mortgage given by David Musselman to Jacob Bauer, Jacob Miller, and George Kern, to secure payment of the sum of $2,500, on the first day of April, 1820. The mortgage was dated the 20th day of March, 1820, and was duly recorded two days afterwards. It was admitted and agreed that though the mortgage was given for the payment of money simply and absolutely, yet that in fact it was intended to indemnify the mortgagees against any losses which they might sustain in consequence of having on the 20th of…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
A judicial sale, as is shown by the cases cited, divests all liens, whether general or specific; and in Willard v. Morris, (2 Rawle, 56,) and in the Corporation v. Wallace, (3 Rawle, 109,)'the same rule was extended, so as to divest the lien of a prior mortgage. Yet, although this is the general rule, it is not without exceptions; as for example, when the amount of the lien is uncertain, and is incapable of being reduced to a certainty. Whether this case falls within the latter class, we do not decide, although it is not altogether unlike…
2Cases cited4 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Friedley v. HamiltonSupreme Court of Pennsylvania · 1827
- Knaub v. EsseckSupreme Court of Pennsylvania · 1834