Brown v. Scott
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Butler county, in which this was a scire facias sur mortgage, by Alexander Scott against John M. Orr, with notice to J. E. Brown and Hugh Campbell, terre-tenants. The pleas were payment, set-off and an execution attachment, issued by one Bell, a creditor of plaintiff, in which Orr, the mortgagor, was garnishee.
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Error to the Court of Common Pleas of Butler county, in which this was a scire facias sur mortgage, by Alexander Scott against John M. Orr, with notice to J. E. Brown and Hugh Campbell, terre-tenants. The pleas were payment, set-off and an execution attachment, issued by one Bell, a creditor of plaintiff, in which Orr, the mortgagor, was garnishee. To the plea of the attachment, the plaintiff replied that the judgment on which it was issued had been assigned to the terre-tenants, and was now owned by them, and that plaintiffs were willing to credit it to the mortgage-debt. The.mortgage had…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The plaintiffs in error are terre-tenants of the land upon which the mortgage rests. They bought subject to it, and they are now attempting to defend against the scire facias sued out to enforce it. The grounds of defence taken by them.on the trial in the court below were three. The first was that an execution-attachment against Scott, the mortgagee, had been laid upon the debt some years before the scire facias issued, that the attachment ■ remained undisposed of, and that it was a bar to any proceeding on the mortgage. Of this branch of the…
2Cases cited5 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Burdick v. GreenNew York Supreme Court · 1818
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Davidson v. Borough of BridgeportSupreme Court of Connecticut · 1831
- Small v. JonesSupreme Court of Pennsylvania · 1839
3Cited by15 opinions
- Charles R. Peterson, in No. 80-2662 v. Crown Financial Corporation, a Corporation, in No. 80-2663Court of Appeals for the Third Circuit · 1981
- First Pennsylvania Bank, N. A. v. TriesterSuperior Court of Pennsylvania · 1977
- Citizens' Bk. of Wind Gap v. LipschitzSupreme Court of Pennsylvania · 1929
- Dille v. WhiteSupreme Court of Iowa · 1906
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
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