Spear v. Hannum
Supreme Court of Pennsylvania
Debt 939I. 8s. rod. sur obligation dated 29th November 1784, conditioned for the payment of 469I. 14s. 5d. and interest on the 29th April 1785. Plea, payment with leave to give the special matters in evidence. Replication non solverunt and issue.
Read the full summary
Debt 939I. 8s. rod. sur obligation dated 29th November 1784, conditioned for the payment of 469I. 14s. 5d. and interest on the 29th April 1785. Plea, payment with leave to give the special matters in evidence. Replication non solverunt and issue. The case ou evidence turned out as follows: Nathaniel Ring being seized (inter alias terras') of a tract of land in West Marlborough township, called the “Indian Fields,” containing about 140 acres, by will dated 29th November 1766, devised the one third of his whole estate to h-is wife Elizabeth; and after bequeathing several pecuniary !ega-cies,…
1Opinion of the Court
By the court.
There is no doubt, but if in equity and good conscience, this bond ought not to be paid, the verdict ought to be for the defendants. On the other hand, if no good or legal objection can be made against it, the welfare of society requires it should be enforced as a fair contract.
It is also clear, that no solid argument against the discharge of the bond can be founded on the sheriff’s sale under the mortgage. Hannum accepted the deed, subject to the mortgage, and agreed to take it on himself, and free the other two tracts comprised therein from that incumbrance. He ought therefore…
2Cases cited2 opinions
- Cadbury v. DuvalSupreme Court of Pennsylvania · 1849
- Hannum v. SpearSupreme Court of Pennsylvania · 1795
3Cited by3 opinions
- Myers v. LohrSuperior Court of Pennsylvania · 1919
- Cadbury v. DuvalSupreme Court of Pennsylvania · 1849
- Clark v. HornthalMississippi Supreme Court · 1872