Twitchell v. McMurtrie
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia ; No. 224, to January Term 1873. This was a scire facias sur mortgage, issued October 15th 1872, in which Bichard C. McMurtrie, trustee of H. W. and J. C. M. Halbaeh, was plaintiff, and Camilla E. Twitchell was defendant.
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Error to the District Court of Philadelphia ; No. 224, to January Term 1873. This was a scire facias sur mortgage, issued October 15th 1872, in which Bichard C. McMurtrie, trustee of H. W. and J. C. M. Halbaeh, was plaintiff, and Camilla E. Twitchell was defendant. George S. Twitchell, Jr., on the 28th of November 1868, executed a bond for the payment of the sum of $10,000 to his father, George S. Twitchell, Sr., and at the same time the obligor and his wife executed a mortgage to the father on real estate belonging to her to secure the payment of the bond. On the day of the date of the…
1Opinion of the CourtJustice Woodward
There can be no doubt that if John O’Byrne, the first assignee of the mortgage, had been the plaintiff in this action, the defendant would have had the right to prove the facts alleged in her affidavit. The mortgage, according to her statement, was executed at his instance. The defendant and her husband were confined in prison on a charge of crime, and Mr. O’Byrne undertook to provide and disburse the funds required to meet the expenses of their approaching trial. These funds were to be raised out of the defendant’s property, and the mortgage, which he agreed he would never part with, Avas…
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