Fidelity Insurance & Trust Co. v. Miller
This text of 89 Pa. 26 (Fidelity Insurance & Trust Co. v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The judgment of the Supreme Court was entered, February 17th 1879,
That the mortgage containing a recital of indebtedness to the intestate would have been evidence in the suit is not to be doubted; but could an action be maintained on the instrument? This is necessary to entitle the party to a judgment for want of an affidavit of defence. In Scott v. Fields, 7 Watts 360, the action was upon a mortgage containing an unequivocal acknowledgment of a bond for the debt. In was held in that case, that without an express covenant to pay, no action could be maintained on the mortgage.
Judgment affirmed.
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Cite This Page — Counsel Stack
89 Pa. 26, 1879 Pa. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-insurance-trust-co-v-miller-pa-1879.