Jackson v. Payne
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of 'Schuylkill county: Of January Term 1885, No. 437. This was a scire facias on a mortgage dated June 1st, 1872 for |9,000 on a farm in Schuylkill county given by Joseph M. Payne, who was the defendant, to Samuel R. Jackson, who was the plaintiff. Pleas — payment with leave. The plaintiff offered in evidence the said mortgage and rested. The defendant denied that he was indebted to the plaintiff on the mortgage in any sum whatever.
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Error to the Court of Common Pleas of 'Schuylkill county: Of January Term 1885, No. 437. This was a scire facias on a mortgage dated June 1st, 1872 for |9,000 on a farm in Schuylkill county given by Joseph M. Payne, who was the defendant, to Samuel R. Jackson, who was the plaintiff. Pleas — payment with leave. The plaintiff offered in evidence the said mortgage and rested. The defendant denied that he was indebted to the plaintiff on the mortgage in any sum whatever. The following are the facts as they appeared on the trial before Bechtel, J.: On the 27th day of February, 1849, George Payne,…
1Opinion of the CourtJustice Green
We think it can not be questioned that the deed from Jackson to Joseph M. Payne of June 1st, 1872, and the mortgage in suit from J. M. Payne to Jackson of same date, for securing the payment of $9,000, were intended by all the parties to *78represent, and actually did represent, an arrangement for securing to Jackson the payment of a debt due by' George Payne to him. The legal title to the premises was at that time in Jackson. He was willing to convey the title to George. Payne or to any one he might name, and take a mortgage from the grantee of the title to secure his debt. All of this was…
2Cited by6 opinions
- United States National Bank v. EvansSupreme Court of Pennsylvania · 1929
- English v. HagerSupreme Court of Pennsylvania · 1888
- Rudolph v. RudolphSupreme Court of Pennsylvania · 1904
- Keller v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1899
- Bacon v. The PoconoketDistrict Court, E.D. Pennsylvania · 1895
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