Hansell v. Lutz
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was a scire facias by Thomas Hansell v. Samuel Webb, with notice to terre tenant, on a mortgage executed by Webb in favor of Hansell, and the scire facias was returned, served on Stimul Lutz, as terre tenant.
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Error to the District Court, Philadelphia. This was a scire facias by Thomas Hansell v. Samuel Webb, with notice to terre tenant, on a mortgage executed by Webb in favor of Hansell, and the scire facias was returned, served on Stimul Lutz, as terre tenant. The mortgage was dated 10th July, 1847, and was for the payment of $750 in two years from the date, with interest payable semi-annually, and if the interest •were not paid within thirty days after it became due, then the principal might be demanded. The mortgage was recorded on the day of its date. It was accompanied by a bond from Webb to…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
Webb was indebted to Hansell on a bond which was secured by a mortgage. The mortgaged land was sold on a judgment, and Lutz bought it subject to the mortgage claim. Now, on a proceeding to have the land sold for the mortgage debt, Lutz pleads payment; and, to meet the evidence under this plea, the plaintiff called the mortgagor, and offered to prove by him that the whole amount is still due; and the owner of the land objects to him on the ground of interest.
We have very recently decided in the cases of Holden v. Winslow, and Abell v.…
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- Auto Building & Loan Ass'n v. HallSuperior Court of Pennsylvania · 1934
- Zeller v. HenrySupreme Court of Pennsylvania · 1893
- Young v. BradySupreme Court of Pennsylvania · 1915
- Shimer v. Roach, Pennsylvania Court of Common Pleas, Lehigh County1929