Seiple v. Seiple

Citations

• 133 Pa. 460
• 19 A. 406
• 1890 Pa. LEXIS 921

Syllabus

<p>1. A bond and mortgage, taken for the same debt, are so far one that a release or extinguishment of either, without actual payment, is a discharge of the other, unless otherwise intended by the parties; wherefore, an acknowledgment upon the record of the mortgage of satisfaetion in full thereof, without any mention of the debt or the bond, prima facie imports the extinguishment of the debt: Fleming v. Parry, 24 Pa. 47.</p> <p>2. In a case stated, whatever is not distinctly and expressly set forth as admitted must be taken not to exist, and the court, from facts therein stated, cannot draw an inference of the existence of other facts not stated, even though, according to the rule of law, a jury may be bound to infer the existence of the latter upon receiving proof of the existence of the former.</p> <p>(а) A case stated submitted to the court the validity of a voluntary transfer of an interest in a decedent’s estate, as against an execution-attachment. It set forth that the judgment, on which the attachment issued, was recovered on the bond accompanying a mortgage after a foreclosure of the mortgage and a purchase of the land at judicial sale thereunder by the mortgagee, for a sum insufficient to pay the mortgage.</p> <p>(б) It stated, also, that, after the recovery of the judgment and service of the attachment and after the voluntary transfer, the mortgagee sold the land so purchased, and, at the request of his vendee, satisfied the mortgage of record; but it contained no statement that the debt was not in fact paid, at the time of the satisfaction, or that it was the intention of the parties that the debt should remain notwithstanding the satisfaction :</p> <p>8. The presumption of law being that the satisfaction of the mortgage worked an extinguishment of the debt, and the burden of removing that presumption being upon the creditor, the court was not at liberty to infer facts not stated, for the purpose of defeating the effect of the satisfaction ; wherefore, u