Holland v. Sampson ex rel. Peoples Savings Bank

Supreme Court of Pennsylvania

Holland v. Sampson ex rel. Peoples Savings Bank

6 A. 772, 4 Sadler 164

CourtSupreme Court of Pennsylvania

DecidedNovember 15, 1886

StatusPublished

Cited by2 cases

This text of 6 A. 772 (Holland v. Sampson ex rel. Peoples Savings Bank) 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.

Bluebook

Holland v. Sampson ex rel. Peoples Savings Bank, 6 A. 772, 4 Sadler 164 (Pa. 1886).

Pincite

Opinion

Per Curiam:

Saying nothing -whatever about the failure to pay the first instalment of the principal when it fell due, admittedly there was no such payment of the first instalment of the interest provided for in the mortgage. Plence, by agreement of the parties, the entire debt became due and payable, and the scire facias was properly issued. This is not a process to enforce a forfeiture, but to execute the conditions of a lawful contract. Huling v. Drexell, 7 Watts, 126.

The judgment is affirmed.

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Per Curiam:

Saying nothing -whatever about the failure to pay the first instalment of the principal when it fell due, admittedly there was no such payment of the first instalment of the interest provided for in the mortgage. Plence, by agreement of the parties, the entire debt became due and payable, and the scire facias was properly issued. This is not a process to enforce a forfeiture, but to execute the conditions of a lawful contract. Huling v. Drexell, 7 Watts, 126.

The judgment is affirmed.

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Bluebook (online)

6 A. 772, 4 Sadler 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-sampson-ex-rel-peoples-savings-bank-pa-1886.

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