Hancock's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Montour county. This was an appeal by William Hancock, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of John Moore.
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Appeal from the Common Pleas of Montour county. This was an appeal by William Hancock, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of John Moore. On the 24th April 1846, John Moore executed to William Donaldson and John McQuhae four bonds for $1000 each; two of them payable on the 1st May 1850, and the others, on the 1st May 1851, with interest; and at the same time, he executed a mortgage of his real estate, to secure their payment. On the 18th December 1858, the mortgaged premises were sold by the sheriff, under proceedings upon the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The auditor might have rejected the evidence of Simington, to the effect that Donaldson agreed by parol, that the bond Simington was purchasing should have preference over the other mortgage bonds; because it was plainly inconsistent with the assignment as written. That contained a guarantee, which was a legal personal contract, but not a word about a preference, that should impress this bond with an equity superior to its fellows. The legal presumption is, that the writing expresses the whole mind of the parties touching the assignment;…
2Cited by7 opinions
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- Charles Rettig & Son v. BeckerSuperior Court of Pennsylvania · 1899
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