Hutchison v. Gill
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 73. Scire facias sur municipal claim, by S. B. W. Gill, for use of Mrs. Eliza Lewis and William W- Lewis, against John Hutchison.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 73. Scire facias sur municipal claim, by S. B. W. Gill, for use of Mrs. Eliza Lewis and William W- Lewis, against John Hutchison. The defendant filed the following special pleas:— “ That the mortgage sued on was given by him to the said Gill, as collateral security for the payment of defendant’s ‘ written obligation’ to said Gill for $8000, and that the said written obligation is not in the possession, ownership or control of these equitable plaintiffs. “And further, that the said ‘written…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
When a mortgagor, at the same time that he executes a mortgage, delivers to the mortgagee a writing, certifying that he has no defence or defalcation, it is in effect an agreement that the mortgagee shall negotiate the mortgage. It is an acknowledgment that he has received full consideration. It is indeed most usual to execute such writings when no consideration has been received, and the sole object of the mortgage is to raise money by the sale of it. It would be in the highest degree inequitable to allow the mortgagor to set up that there was…
3Cited by7 opinions
- United States National Bank v. DrabishSuperior Court of Pennsylvania · 1958
- Fort Pitt Real Est. v. Schaefer Et Ux.Superior Court of Pennsylvania · 1929
- Howie v. LewisSuperior Court of Pennsylvania · 1900
- Cooper v. Lucas Et Ux.Superior Court of Pennsylvania · 1943
- Murphy v. GreenSuperior Court of Pennsylvania · 1911
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