Foster v. Carson
Supreme Court of Pennsylvania
Appeal, No. 144, Oct. T., 1893, by plaintiff, William Foster, from judgment of O. P. No. 1, Allegheny Co., Dec. T., 1890, No. 853, for defendant, Robert J. Carson et ux., non obstante veredicto. Scire facias sur mortgage. Before Stowe, P. J. Judgment was taken for $274.15, amount admitted to be due with interest, and the action proceeded for the balance in dispute. The facts appear by the opinion of the Supreme Court. Error assigned was entry of judgment.
1Opinion of the Court
Opinion by
Mr. Cheep Justice Sterrett,
On the trial of this scire facias, it appeared among other things that the mortgage in suit was executed and delivered by the defendant Agnes J. Carson to Mary Speelman, who assigned the same, on the margin of the record thereof, to A. C. Jarrett; of which assignment the mortgagor had actual notice. The bond accompanying the mortgage was also assigned, by indorsement thereon, to said Jarrett, and a certificate of no defence, executed and acknowledged March 28, 1888, was delivered to him. On May 22,1888, said Jarrett assigned, on the margin of said mortgage…
2Cases cited2 opinions
- Horstman v. GerkerSupreme Court of Pennsylvania · 1865
- Henry v. BrothersSupreme Court of Pennsylvania · 1864
3Cited by9 opinions
- Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
- O'Maley v. PuglieseSupreme Court of Pennsylvania · 1922
- Walker v. EmerichSupreme Court of Pennsylvania · 1930
- Work v. PrallSuperior Court of Pennsylvania · 1904
- Kisinger v. Pennsylvania Trust Co.Superior Court of Pennsylvania · 1935
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