Kuhn v. Ogilvie
Supreme Court of Pennsylvania
Appeal, No. 108, Oct. T., 1896, by defendant, from judgment of C. P. Cambria Co., March T., 1895, No. 578, for plaintiff, on trial by court without a jury. Scire facias sur mortgage. Before the court with a jury.
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Appeal, No. 108, Oct. T., 1896, by defendant, from judgment of C. P. Cambria Co., March T., 1895, No. 578, for plaintiff, on trial by court without a jury. Scire facias sur mortgage. Before the court with a jury. The court found the facts to be as follows : On March 1, 1894, Thomas Ogilvie and Ada J. Ogilvie executed in proper form a mortgage to Henry H. Kuhn “ trustee for the creditors of ‘ Mintmier & Ogilvie ’ and ‘ Ogilvie & Watkins.’ ” The mortgage recited the failure of said firms in business and that their creditors had agreed to accept fifty per cent of their respective claims in full,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
A mortgage being in many respects treated as a mere security, though in form a conveyance, it might well have been held that a mortgage by a married woman to secure her husband’s debt, is in substance a contract of suretyship which she was not, at common law, capable of mailing. But on the other hand, she has, under the law of Pennsylvania, the right of every owner to convey her estate, subject to certain conditions as to mode, etc., and as she could sell or mortgage and give the money immediately to her husband, there was no substantial reason why she should…
2Cases cited6 opinions
- R. Patrick & Co. v. SmithSupreme Court of Pennsylvania · 1895
- Real Estate Inv. Co. v. RoopSupreme Court of Pennsylvania · 1890
- Hoover v. Samaritan SocietySupreme Court of Pennsylvania · 1839
- Hagenbuch v. PhillipsSupreme Court of Pennsylvania · 1886
- Haffey v. CareySupreme Court of Pennsylvania · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Herr v. ReinoehlSupreme Court of Pennsylvania · 1904
- Newhall v. ArnettSupreme Court of Pennsylvania · 1924
- Bartholomew v. Allentown National BankSupreme Court of Pennsylvania · 1918
- Dusenberry v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1898
- Hastings Bank of Hastings v. CovitchSupreme Court of Pennsylvania · 1936
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