Scott v. Fields
Supreme Court of Pennsylvania
WRIT OF ERROR to the common pleas of Erie county. William Fields against Andrew Scott. This was an action of debt upon a mortgage in common form. On the trial, the plaintiff offered to prove by parol, that there was no such bond given as that recited in the mortgage. The defendant objected to the evidence, because it went to contradict the mortgage: the objection was overruled and exception taken.
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WRIT OF ERROR to the common pleas of Erie county. William Fields against Andrew Scott. This was an action of debt upon a mortgage in common form. On the trial, the plaintiff offered to prove by parol, that there was no such bond given as that recited in the mortgage. The defendant objected to the evidence, because it went to contradict the mortgage: the objection was overruled and exception taken. It appeared by the evidence that no bond was given as was recited in the mortgage, and the payment of which it was intended to secure. The court below was of opinion that the action could be…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
A mortgage,in its origin, was a conveyance of land, with a condition annexed that, on payment of a sum of money by the grantor to the grantee at a certain day, the conveyance should be void and the grantor become reinvested with his estate. In case of the non payment at the day, the remedy of the grantor was by a proceeding in rem, to recover the land if he was not put into possession, or by holding the possession if he already had it. It was never considered as binding on the mortgagor personally for the payment of the money; for the text…
2Cited by12 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Baum v. TonkinSupreme Court of Pennsylvania · 1885
- Montgomery v. SpectCalifornia Supreme Court · 1880
- Farris v. Jefferson Bank (In Re Farris)United States Bankruptcy Court, E.D. Pennsylvania · 1996
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