Legal Opinion

Roberts v. Halstead

Supreme Court of Pennsylvania

Decided July 5, 1848PublishedCited by 5 opinions

In error from the Common Pleas of Wyoming. July 13. This was a scire facias on a mortgage by Roberts to Halstead, dated May 12,1837. The mortgage was to secure a debt “unto S. Halstead, his executors, administrators, and assigns, in discharge of six separate obligations by Roberts under his hand,” amounting in the whole to $1,100, and was conditioned to pay the said sum, “ without any fraud or further delay, and with defalcation, deduction, or abatement of taxes.”

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In error from the Common Pleas of Wyoming. July 13. This was a scire facias on a mortgage by Roberts to Halstead, dated May 12,1837. The mortgage was to secure a debt “unto S. Halstead, his executors, administrators, and assigns, in discharge of six separate obligations by Roberts under his hand,” amounting in the whole to $1,100, and was conditioned to pay the said sum, “ without any fraud or further delay, and with defalcation, deduction, or abatement of taxes.” Plea: nul tiel record, payment, and no lien. The defence was taken by terre tenants. On the trial, the plaintiff read an…

1Opinion of the CourtBell, J.

The scire facias given by the act of Assembly is founded upon the mortgage, and not upon the registry of it. The plea of nul tiel record was, therefore, wholly inapplicable, and might have been treated as a nullity. A judgment upon it was unnecessary, and its rendition does harm to no one. So much was determined at the present sittings, a few days since, and, consequently, the plaintiff abandoned the first error assigned.

The record shows that the exemplification of the mortgage of the 12th of August, 1837, was read without objection. After this, John F. Dupee was called, and proved the note…

2Cases cited1 opinion

  1. Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809

3Cited by5 opinions

  1. W. C. Early Co. v. WilliamsTennessee Supreme Court · 1916
  2. Cary ex el. Ullom v. CarySupreme Court of Pennsylvania · 1899
  3. Taylor v. SeckingerSuperior Court of Pennsylvania · 1962
  4. McClaughry v. McClaughrySupreme Court of Pennsylvania · 1888
  5. Taylor v. SeckingerSuperior Court of Pennsylvania · 1962

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