Lennig's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county : Of January Term 1880, No. 196. This was originally a writ of scire facias on a mortgage executed by Christian Mayers to the appellants, as trustees under the will of Frederick Lennig, deceased, of Mrs. Ellen D. Lennig’s three children, dated May 3d 1875, and recorded May 27th 1875, to secure the sum of $7000. On this writ judgment was entered for want of an appearance on two returns of nihil, and the…
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Appeal from the Court of Common Pleas, No. 1, of Philadelphia county : Of January Term 1880, No. 196. This was originally a writ of scire facias on a mortgage executed by Christian Mayers to the appellants, as trustees under the will of Frederick Lennig, deceased, of Mrs. Ellen D. Lennig’s three children, dated May 3d 1875, and recorded May 27th 1875, to secure the sum of $7000. On this writ judgment was entered for want of an appearance on two returns of nihil, and the property sold, being bought by the appellants for a sum a little exceeding the amount of their judgment and costs. The…
1Opinion of the CourtJustice Trunkey
Among the facts reported as admitted are these: 1. That the mortgage for $7000 was given to Lennig et al. for $6720, which was the sum actually paid to the mortgagor; 2. That the building association make no objection to the amount of the judgment on *306the mortgage, except for usurious interest; and 3. That there is no allegation of fraud, and the only objection to Lennig’s judgment is, “ that there had been what is known as a bonus mortgage at the rate of four per cent, discount.” Hence, the sole question is, Can a second mortgage-creditor, where there has been no fraud, defeat distribution to…
2Cases cited2 opinions
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
- Kirkpatrick v. HoustonSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Osborn v. First National BankSupreme Court of Pennsylvania · 1896
- Metropolitan Loan & Trust Co. v. SchaferCourt of Appeals for the D.C. Circuit · 1916
- Sanner v. Unique Lodge No. 3, K. of P.Superior Court of Pennsylvania · 1943
- Taylor v. BreischSupreme Court of Pennsylvania · 1887
- Begelfer v. Rhoads, Pennsylvania Court of Common Pleas, Dauphin County1928