Harrison v. Ingham

Decided January 15, 1883

Supreme Court of Pennsylvania · decided 1883-01-15

This was a scire facias sur mortgage, and was tried before the Court without a jury. The facts found and conclusions of law thereon were as follows, per Watson, P. J.: Joseph Eyre, the defendant, was the owner of the mortgaged premises, consisting of a tract of sixty-four acres and twenty-six perches of land in Newtown Township, in this county.

Decided 1883-01-15

¶1The Supreme Court affirmed the judgment of the Common Pleas on May 14th, 1883, in the following opinion,

Per Curiam:

¶2The facts found show this mortgage was purchased in good faith and for a lawful purpose. Without any payment by the plaintiffs in error of the proportion of the mortgage which they ought to pay we discover no reason why the land shall not remain bound thereby. When they invoke the aid of an equitable principle they must themselves submit to the application of the same principle.

¶3Judgment affirmed.