Fowler v. Scully ex rel. First National Bank
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 171, to October and November Term 1871. On the 81st of May 1871, John D. Scully, in trust for The First National Bank of the city of Pittsburg, issued a scire facias sur mortgage against Silas S. Fowler with notice to William Vankirk, terre-tenant. The mortgage, dated October 21st 1869, was between Silas S. Fowler and John Scully, in trust for The First National Bank of the city of Pittsburg.
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Error to the District Court of Allegheny county: No. 171, to October and November Term 1871. On the 81st of May 1871, John D. Scully, in trust for The First National Bank of the city of Pittsburg, issued a scire facias sur mortgage against Silas S. Fowler with notice to William Vankirk, terre-tenant. The mortgage, dated October 21st 1869, was between Silas S. Fowler and John Scully, in trust for The First National Bank of the city of Pittsburg. It recited: “Whereas, the said bank hath agreed to discount for said Fowler an amount in the aggregate not exceeding $100,000, such negotiable…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— The First National Bank of Pittsburg asked the District Court to enforce by scire facias the payment of a mortgage for future advances. The defendant, the owner of the mortgaged *461land, asserts that the mortgage is forbidden by the Act of Congress, which confers upon the bank its charter and all its powers. The simple question is, Is the mortgage valid or void; and if void will the law enforce it ? In deciding this question, we must be guided by the Federal laws and Federal precedents, for the subject is one of. Federal origin and Federal…
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