Horn v. Hutchinson
Supreme Court of Pennsylvania
Appeal, No. 61, July T., 1893, by defendants, from judgment of C. P.-Lehigh Co., Nov. T., 1886, No. 16, on verdict for plaintiffs. Scire facias sur mortgage. The facts appear by the opinion of the Supreme Court. Error assigned was, inter alia, (1) instruction recited in opinion of Supreme Court, quoting instruction.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
On October the 8th, 1877, James Hutchinson and his wife Nancy-joined in a mortgage to William J. Craig. The land mortgaged was the separate estate of the wife, and was to secure to Craig the payment of $150 on April 1, 1878. The mortgage did not specify the nature of the debt it was given to 'secure. The plaintiff, on the 19th of October, 1886, issued sci. fa. on the mortgage. The affidavit of cause of action admitted'a payment of $70.00. Defendant filed affidavit and plea of payment.
It appeared from the evidence that James Hutchinson, the husband, in October, 1877,…
2Cited by3 opinions
- Hall v. MasonSupreme Court of Pennsylvania · 1983
- Harris v. BlitzsteinSuperior Court of Pennsylvania · 1924
- Goldsleger v. CarraccioloSuperior Court of Pennsylvania · 1916