Orchard v. Hughes

Citations

• 1 U.S. 73

Syllabus

<p>t. It is no defence to a suit for debt tbat tbe debt arose from tbe receipt of tbe bills of a bank that was chartered illegally and for fraudulent purposes, and that tbe bills were void in law, and finally proved worthless in fact; tbe bills themselves having been actually current at the time the defendant received them, and they not having proved worthless in his hands, nor he being bound to take them back from persons to whom he had paid them away.</p> <p>2. When a bond is given for appeal in a bill of foreclosure of mortgage, the condition of the bond being simply that the appellant shall pay costs and damages, it does not operate to stay a sale of mortgaged premises already decreed.</p> <p>8. Independently of a rule of court, execution cannot issue in a decree for foreclosure of a mortgage in chancery for the balance left due after a sale of the mortgaged premises (Noonan v. Lee, 2 Black, 499, recognized) ; and this (by opinion, however, of but a majority of the court), applies to the Territorial Court of Nebraska, as much as to the courts of States organized under the Judiciary Act of 1789.</p>