Nerpel's Appeal

Supreme Court of Pennsylvania

Nerpel's Appeal

91 Pa. 334, 1879 Pa. LEXIS 347

CourtSupreme Court of Pennsylvania

DecidedOctober 27, 1879

DocketNo. 33

StatusPublished

Cited by8 cases

This text of 91 Pa. 334 (Nerpel's Appeal) 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

Nerpel's Appeal, 91 Pa. 334, 1879 Pa. LEXIS 347 (Pa. 1879).

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Opinion

The judgment of the Supreme Court was entered,

Per Curiam.

The mortgage by the decedent was something more than a mere lien. For all purposes of security to the mortgagee, it was a conveyance of the land. He could have recovered in ejectment possession of the premises, and held until his principal, with interest, was repaid. Had he resorted to this remedy, and the mortgagor had then died, it is not pretended that his widow would have any right to the exemption. The proceeding under the Act of Assembly by scire facias is but a substitute for a foreclosure in equity, and the sale which it provides for does not alter the case. It ought not to be that the election of one remedy, and not the other, should make a difference in the right of the mortgagee.

Decree affirmed and anneal dismissed at the costs of the appellant.

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The judgment of the Supreme Court was entered,

Per Curiam.

The mortgage by the decedent was something more than a mere lien. For all purposes of security to the mortgagee, it was a conveyance of the land. He could have recovered in ejectment possession of the premises, and held until his principal, with interest, was repaid. Had he resorted to this remedy, and the mortgagor had then died, it is not pretended that his widow would have any right to the exemption. The proceeding under the Act of Assembly by scire facias is but a substitute for a foreclosure in equity, and the sale which it provides for does not alter the case. It ought not to be that the election of one remedy, and not the other, should make a difference in the right of the mortgagee.

Decree affirmed and anneal dismissed at the costs of the appellant.

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Bluebook (online)

91 Pa. 334, 1879 Pa. LEXIS 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nerpels-appeal-pa-1879.

Opinion

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