Brownell v. Oviatt
Supreme Court of Pennsylvania
Appeal, No. 259, Jan. T., 1905, by defendant, from judgment of C. P. McKean Co., Oct. T., 1903, No. 196, on verdict for plaintiff in case of Fred W. Brownell, Administrator of the Estate of Miller C. Stickles, v. Carrie A. Oviatt, Administratrix of the Estate of Catherine M. Oviatt, deceased, and Carrie A. Oviatt, Terre-tenant. Scire facias sur mortgage.
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Appeal, No. 259, Jan. T., 1905, by defendant, from judgment of C. P. McKean Co., Oct. T., 1903, No. 196, on verdict for plaintiff in case of Fred W. Brownell, Administrator of the Estate of Miller C. Stickles, v. Carrie A. Oviatt, Administratrix of the Estate of Catherine M. Oviatt, deceased, and Carrie A. Oviatt, Terre-tenant. Scire facias sur mortgage. Before Thomas, P. J. At the trial it appeared that on September 1,1883, Catherine M. Oviatt executed the mortgage in question to her brother, Miller C. Stickles, to secure the payment of $1,898.81, of which $300 was payable on January 1,1884,…
1Opinion of the Court
Pee Cubiam,
One of the errors assigned is that the mortgage was admitted in evidence without the accompanying bond. If the bond had been paid, its payment would have been a complete defense to the suit on the mortgage, but the burden was upon the appellant to show that it had been paid. The appellee’s suit was on the mortgage — a cause of action separate and distinct from that on the bond — though both were for the same debt. In proceeding on either it is not incumbent on a plaintiff to show that the other has not been paid. In an action on the bond, when the holder produces it, there is a…
2Cases cited1 opinion
- Moore v. SmithSupreme Court of Pennsylvania · 1876
3Cited by8 opinions
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Bohm v. Dolata (In Re Dolata)United States Bankruptcy Court, W.D. Pennsylvania · 2004
- In Re AlcideUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
- Miners Sav. Bank of Pittston, Pa. v. United StatesDistrict Court, E.D. Pennsylvania · 1953
- Anderson v. KernSupreme Court of Pennsylvania · 1917
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