Cummings' Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Lycoming county, in the matter of the distribution of the proceeds of sale of land of A. J. and C. Cummings.
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Appeal from the decree of the Court of Common Pleas of Lycoming county, in the matter of the distribution of the proceeds of sale of land of A. J. and C. Cummings. Samuel Gibson had sold land to Andrew J. and Charles Cummings for $2400, and to secure the price of it, he received bonds and a mortgage on the land sold for $1900, and a judgment note for the remaining $500. The mortgage was recorded on the 1st September, 1851, and judgment was entered on the note the next day; and in February following judgments were entered also on the mortgage bonds. Gibson took out execution on the judgment on…
1Opinion of the Court 1
The opinion of the Court, except Lewis, J., was delivered by
Lowrie, J.
We cannot attach any consequence to the fact that judgments were entered on the mortgage bonds, for the Act of 16th April, 1845, s. 5, forbids it. Nor can we say that the mortgage and the judgment on the §500 note are for the same debt, though they were both given in execution of the same contract. They were, in truth, two debts, differently authenticated and secured ; and the payment of one of them does not affect the existence or amount of the other. Then the case seems' to be the very one provided for by the Act of 6th…
Also in this document: Opinion of the Court · Lewis.
2Cases cited3 opinions
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Berger v. HiesterSupreme Court of Pennsylvania · 1841
- Tuttle v. Mechanics & Tradesman's Loan Co.Supreme Court of Pennsylvania · 1841