Foster v. McGraw
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county: No. 155, to July Term 1869. ■> This was a scire facias sur mortgage, issued August 18th 1866, by John McGraw against A. H. Foster and Farrington Barealow. The writ was served on Foster; no service was made on Barealow. The defendant pleaded, “Non est factum, payment with leave,” &c.
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Error to the Court of Common Pleas of Tioga county: No. 155, to July Term 1869. ■> This was a scire facias sur mortgage, issued August 18th 1866, by John McGraw against A. H. Foster and Farrington Barealow. The writ was served on Foster; no service was made on Barealow. The defendant pleaded, “Non est factum, payment with leave,” &c. The case was tried June 12th 1869, before White, P. J. The plaintiff offered in evidence a mortgage dated J anuary8 1st 1856, from the defendants to him, for $10,000, on lands in Chat-ham and Middlebury townships. The defendant objected to its admission on the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— It is a sufficient answer to the 1st assignment of error to say that the mortgage of January 1st 1856, has neither been produced nor printed, while the defendant in error avers that it exhibits on its face no evidence of alteration or addition, after execution, to exclude it from the jury. The deed or a copy might show conclusively or apparently tiiat the matter alleged was written in the deed before execution. The court must judge of the due proof of the execution of a deed, but when duly executed, the question of alteration or addition…
2Cases cited1 opinion
- Piatt v. St. Clair's HeirsOhio Supreme Court · 1833
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