Baum v. Tonkin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county : Of October and November Term 1885, No. 161. This was, in the Court below, an action of debt by John B. Baum against Vincent Tonkin, to recover the balance of purchase-money of a tract of land in Cambria county.
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Error to the Court of Common Pleas of Cambria county : Of October and November Term 1885, No. 161. This was, in the Court below, an action of debt by John B. Baum against Vincent Tonkin, to recover the balance of purchase-money of a tract of land in Cambria county. On the trial, before Johnston, P. J., the following facts appeared: On May 24th, 1873, plaintiff agreed by articles of agreement to sell to defendant and R. C. McCurdy, who after-wards assigned his interest to Hipps & Lloyd, a tract of timber land situate in Susquehanna township, Cambria county. The consideration was five thousand…
1Opinion of the CourtJustice Clark
This is an action of debt, brought by John B. Baum, against Vincent Tonkin, to recover the balance of purchase money of a tract of land in Cambria County. The deed was delivered to Tonkin on the 19th August 1876, and at the same time Tonkin delivered to Baum a writing in the nature of a mortgage upon the lands conveyed, securing the payment of the unpaid purchase money.
It is well settled, that a mortgage, unless it contain some express covenant to that effect, is not of itself an instrument which imports any personal liability for the money it secures. The mortgage in this case contains no…
2Cases cited2 opinions
- Scott v. FieldsSupreme Court of Pennsylvania · 1838
- Slocum v. SlocumSupreme Court of Pennsylvania · 1839
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- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
- Gill's EstateSupreme Court of Pennsylvania · 1920
- Farris v. Jefferson Bank (In Re Farris)United States Bankruptcy Court, E.D. Pennsylvania · 1996
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