Real Estate Saving Institution v. Linder
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 130, to October and November Term 1873. This was an action on the case' brought March 22d 1873, by John Linder and Catharine his wife, in her right, against the Real Estate Savings Institution. ■ Mrs. Linder being the owner of real estate, a mortgage upon it was executed by herself and husband, to John Cassiday, who assigned the mortgage to the defendants in this suit; an instalment of the money secured by mortgage being…
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Error to the District Court of Allegheny county: No. 130, to October and November Term 1873. This was an action on the case' brought March 22d 1873, by John Linder and Catharine his wife, in her right, against the Real Estate Savings Institution. ■ Mrs. Linder being the owner of real estate, a mortgage upon it was executed by herself and husband, to John Cassiday, who assigned the mortgage to the defendants in this suit; an instalment of the money secured by mortgage being due, a scire facias on it ,was issued. She set up as a defence that her signature and acknowledgment to the mortgage were…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Mercur, J. —
This action was brought to recover money, which the plaintiff below claimed had been received for her use. The affidavit of defence filed avers the money was paid to the defendant below under these circumstances, to wit: Linder and wife had executed a bond to John II. Cassiday, conditioned for the payment of $800, and to secure the payment thereof had given a mortgage upon lands of the wife, designated as Nos. 2 and 3 in block No. 13. The mortgagee assigned it to the defendant below, who issued a scire facias upon it.…
2Cases cited1 opinion
- Espy v. AllisonSupreme Court of Pennsylvania · 1840
3Cited by7 opinions
- Gould v. McFallSupreme Court of Pennsylvania · 1888
- Sebastianelli v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1940
- Commonwealth v. Newton TownshipSupreme Court of Pennsylvania · 1923
- Loeser v. Erie City Rag WarehouseSuperior Court of Pennsylvania · 1899
- Ignatovig v. Prudential Ins. Co. of AmericaDistrict Court, M.D. Pennsylvania · 1935
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