Legal Opinion

Seiple v. Seiple

Pennsylvania Court of Common Pleas, Northampton County

Decided March 24, 1890No. 77PublishedCited by 8 opinions

No. 77 July Term 1889, Sup. Ct.; court below number and term not given. In 1889, in the court below, an amicable action was entered between Amandus Seiple to the use of Hannah C. Seiple, plaintiff, and George H. Seiple, and Martin F. Seiple, administrators of Cornelius Seiple, deceased, defendants, the following facts being stated in the nature of a special verdict for the opinion of the court: Whereas, judgment was recovered in the Court of Common Pleas of Northampton…

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No. 77 July Term 1889, Sup. Ct.; court below number and term not given. In 1889, in the court below, an amicable action was entered between Amandus Seiple to the use of Hannah C. Seiple, plaintiff, and George H. Seiple, and Martin F. Seiple, administrators of Cornelius Seiple, deceased, defendants, the following facts being stated in the nature of a special verdict for the opinion of the court: Whereas, judgment was recovered in the Court of Common Pleas of Northampton county by Cornelius Seiple, on March 25, 1878, as of April Term 1878, No. 10, for 13,718.92, upon which an attachment was…

1Opinion of the Court

Opinion,

Mr. Justice Green:

In the case of Fleming v. Parry, 24 Pa. 47, we said: “ A bond and mortgage taken for the same debt, though distinct securities, possessing dissimilar attributes and subject to remedies which are as unlike as personal actions and proceedings in rem, are, nevertheless, so far one that payment of either discharges both, and a release or extinguishment of either, without actual payment, is a discharge of the other, unless otherwise intended by the parties.” We said, also: “ The court relied much on the words used in satisf3ring the mortgage.' They were substantially, but…

2Cases cited4 opinions

  1. Fleming v. ParrySupreme Court of Pennsylvania · 1854
  2. Berks County v. PileSupreme Court of Pennsylvania · 1852
  3. Diehl v. IhrieSupreme Court of Pennsylvania · 1838
  4. Philadelphia & Reading Railroad v. WatermanSupreme Court of Pennsylvania · 1867

3Cited by8 opinions

  1. S. A. Loux & Son v. FoxSupreme Court of Pennsylvania · 1895
  2. Mutchler v. City of EastonSupreme Court of Pennsylvania · 1892
  3. Maroney's EstateSupreme Court of Pennsylvania · 1933
  4. Morgan v. County of MercerSuperior Court of Pennsylvania · 1898
  5. Valente v. CostantinoSupreme Court of Connecticut · 1933

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