Smith v. Shuler
Supreme Court of Pennsylvania
IN ERROR. Error to Lehigh county, in an ejectment brought by the executors of Frederick Smith, deceased, against Daniel Shuler and Mark Weidnecht. The plaintiffs claimed under a mortgage, given by a certain Jacob Duck to Frederick Smith. The defendants made title under the same Jacob Buck, by conveyance subsequent to the mortgage.
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IN ERROR. Error to Lehigh county, in an ejectment brought by the executors of Frederick Smith, deceased, against Daniel Shuler and Mark Weidnecht. The plaintiffs claimed under a mortgage, given by a certain Jacob Duck to Frederick Smith. The defendants made title under the same Jacob Buck, by conveyance subsequent to the mortgage. The mortgage was given to secure the payment of thirteen hundred pounds, by yearly instalments of one hundred pounds each, with interest. • Three of these instalments were due, and unpaid at the time of the commencement of the suit, and ten were not due. Whether,…
1Opinion of the Court
The opinion of the court was delivered by
TilghmaN, C. J.
This mortgage, which is drawn in the usual form, is an absolute conveyance of the land, with a proviso, that it shall be void on the mortgagor’s making all the payments specified in the deed, at the time specified. The time for making three payments expired — the condition not being complied with; so that the mortgage was forfeited. What, then, is the remedy of the mortgagee? Where the mortgage is accompanied with bonds for payment of the money, as was the case here, the mortgagee may bring suit on the bonds. But he is not obliged to do…
2Cases cited1 opinion
- Lessee of Simpson v. AmmonsSupreme Court of Pennsylvania · 1806
3Cited by3 opinions
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- King v. LongworthOhio Supreme Court · 1836
- Goucher v. Helmbold, Pennsylvania Court of Common Pleas, Philadelphia County1833