Strieker v. McDonnell
Supreme Court of Pennsylvania
Appeal, No. 118, Oct. T., 1905, by defendant, from judgment of C. P. Cambria Co., Sept. T., 1904, No. 274, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Clara Y. Strieker and Oscar .1. Strieker, executors of Julius Strieker, deceased, v. J. J. McDonnell. Scire facias to revive a judgment. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 118, Oct. T., 1905, by defendant, from judgment of C. P. Cambria Co., Sept. T., 1904, No. 274, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Clara Y. Strieker and Oscar .1. Strieker, executors of Julius Strieker, deceased, v. J. J. McDonnell. Scire facias to revive a judgment. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that in October, 1892, J. J. McDonnell gave a bond and mortgage for $2,700 to secure payment of balance of purchase money due Dr. Julius Strieker. McDonnell defaulted in…
1Opinion of the Court
Per Curiam,
A bond and mortgage are separate obligations though for the payment of the same debt. The mortgage though in fact usually the more important item in the transaction is in form and legal effect only collateral security for the bond, and suit, judgment and satisfaction upon it, is not a discharge of the obligation of the bond unless the debt itself is satisfied: Ayres v. Wattson, 57 Pa. 360.
*110Tlie mortgage in the present case, which was for part of the purchase money of the same land conveyed by plaintiff’s testator to defendant, after reciting the bond, continued : “Now this indenture…
2Cases cited1 opinion
- Ayres v. WattsonSupreme Court of Pennsylvania · 1868
3Cited by1 opinion
- In re Estate of EvanovichSupreme Court of Pennsylvania · 1979