Hoffman v. Lee
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Venango county. Scire facias on mortgage by Hugh Lee against Jacob Hoflman. On the 10th of March 1825, Jacob Lee gave a mortgage to Hugh Lee, on a tract of land, to secure the payment of money due Lee on three notes, amounting to about 160 dollars. There was proof that in 1826 Jacob Hoffman agreed to sell the mortgaged premises to his son John. Jacob had paid part of the money, about 80 dollars, as he alleged.
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WRIT of error to the common pleas of Venango county. Scire facias on mortgage by Hugh Lee against Jacob Hoflman. On the 10th of March 1825, Jacob Lee gave a mortgage to Hugh Lee, on a tract of land, to secure the payment of money due Lee on three notes, amounting to about 160 dollars. There was proof that in 1826 Jacob Hoffman agreed to sell the mortgaged premises to his son John. Jacob had paid part of the money, about 80 dollars, as he alleged. In June 1826 Jacob and John went to Lee’s and informed him of the proposed sale, and Lee gave to John the following paper, which the witness called…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
We must recollect that a scire facias on a mortgage is a proceeding under an act of assembly against the land mortgaged; *354that the judgment in it, is always to recover the amount due from the land : and no execution on such judgment can go against the other lands or goods or body of the mortgagor. All these may be liable, and maybe reached on a judgment on the bondsor notes secured by the mortgage, or in debt or covenant on the mortgage if it is so expressed as to give those actions, and perhaps in assumpsit for the amount of the mortgage, if…
2Cases cited3 opinions
- Lessee of Packer v. GonsalusSupreme Court of Pennsylvania · 1815
- M'Peake v. HutchinsonSupreme Court of Pennsylvania · 1819
- Kean v. EllmakerSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- Lloyd v. LynchSupreme Court of Pennsylvania · 1857
- Piper v. MenifeeCourt of Appeals of Kentucky · 1851
- Gregory v. GriffinSupreme Court of Pennsylvania · 1845
- Schock v. Bankes, Pennsylvania Court of Common Pleas, Schuylkill County1873