Cary ex el. Ullom v. Cary
Supreme Court of Pennsylvania
Appeal, No. 191, Oct. T., 1898, by Delilah Estella Cary Ullom, from order of C. P. Greene Co., Oct. T., 1892, No. 103, refusing to take off nonsuit. Scire facias sur mortgage. Before Taylob, P. J., of the 27th judicial district, specially presiding. At the trial the plaintiff offered in evidence the record of the mortgage showing a receipt on the margin. Mr. lams, of counsel for defendant: We think they should read the receipt on the margin.
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Appeal, No. 191, Oct. T., 1898, by Delilah Estella Cary Ullom, from order of C. P. Greene Co., Oct. T., 1892, No. 103, refusing to take off nonsuit. Scire facias sur mortgage. Before Taylob, P. J., of the 27th judicial district, specially presiding. At the trial the plaintiff offered in evidence the record of the mortgage showing a receipt on the margin. Mr. lams, of counsel for defendant: We think they should read the receipt on the margin. By the Court: We will consider everything that is on the mortgage in evidence with the mortgage. I think you had better read that satisfaction and then…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first assignment of error is to the ruling of the court that everything on the mortgage should be considered as in evidence with it. Appellant objected that the entry of satisfaction being a copy by the recorder of a paper not acknowledged was not legally part of the record.
The general rule is that a party offering a paper in evidence must offer the whole of it just as it is, and if it requires explanation the burden is upon him to explain. In the present case *68the offer as printed in the record is of “ the mortgage,” but it is apparently assumed by both…
2Cases cited2 opinions
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