West Branch Bank v. Chester
Supreme Court of Pennsylvania
Appeal from tbe distribution of money by a special Court of Common Pleas of Lycoming. The facts of this case are set forth by President Woodward, in his opinion, so fully, that the reporter will only add a copy of one of the certificates of loan, and an extract from the mortgage, as being necessary to its more perfect comprehension. CERTIFICATE.
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Appeal from tbe distribution of money by a special Court of Common Pleas of Lycoming. The facts of this case are set forth by President Woodward, in his opinion, so fully, that the reporter will only add a copy of one of the certificates of loan, and an extract from the mortgage, as being necessary to its more perfect comprehension. CERTIFICATE. The Williamsport and Elmira Railroad Company hereby promise to pay to ---, or bearer, at their office in the city of Philadelphia, on the first day of January, 1850, the sum of one thousand dollars, with six per cent, interest, per annum, payable on…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
Although the question is presented in an aspect somewhat new, i'ts solution depends upon principles more than once recognised and enforced by this court. These are so broadly stated and applied in the opinion of Mr. President Woodward, that but little more is called for, than to refer to Berger v. Hiester as a pregnant instance, in which a judicial sale under a judgment recovered upon one of several bonds secured by mortgage, was held to divest its lien, though some of the bonds were not then due. This case proves that a mortgage may be swept…
2Cited by6 opinions
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
- Fox v. WhartonCourt of Chancery of Delaware · 1878
- Morris v. CampbellSupreme Court of Pennsylvania · 1898
- Burch v. Federal National Mortgage Ass'n (In Re Burch)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In re SchwartzDistrict Court, W.D. Pennsylvania · 1931
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