Hart v. Bucher
Supreme Court of Pennsylvania
Appeal, No. 89, Jan. T., 1897, by defendant, from judgment of C. P. Lancaster Co., Dec. T., 1893, No. 28, on verdict for plaintiff. Scire facias sur mortgage. Before Brubaker, J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,768.75. Defendant appealed. . Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
This scire facias was brought November 29, 1893, by the executor of the mortgagee who died September 26, 1892, more than twenty years after the maturity of the mortgage debt. For the purpose of rebutting the presumption of payment which had arisen from lapse of time, the plaintiff offered the following indorsement on the bond recited in the mortgage, under date of April 1, 1885, viz : “ John Bucher paid the interest on the within bond up to April 1,1885; ” (signed) “ John Hart,” and attested by B. B. Flickinger. The attesting witness, Flickinger, was…
2Cases cited3 opinions
- Addams v. SeitzingerSupreme Court of Pennsylvania · 1841
- Appeal of RunnerSupreme Court of Pennsylvania · 1888
- Cremer's EstateSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- Keiber, Administrator v. KeiberSuperior Court of Pennsylvania · 1926
- Peters v. RothermelSuperior Court of Pennsylvania · 1906
- Hart v. BucherSupreme Court of Pennsylvania · 1898
- J. P. Hudson & Sons v. Uncle Sam Planting & Manufacturing Co.Louisiana Court of Appeal · 1914
- Peters v. RothermelSuperior Court of Pennsylvania · 1906
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