Reference

Full Case Name

U. P. Sawyer v. Catherine Link, of the Estate of Charles Link

Status

Published

Syllabus

Mortgage—Payment—Presumption of payment—Bankruptcy: On a scire facias sur mortgage it appeared that the mortgage was for purchase money, and the last instalment under the mortgage was due twenty-one years before the scire facias issued; nineteen years before the issuing of the writ the assignees in bankruptcy of the mortgagee receipted to the mortgagor for $100 on account of the purchase money of the lots covered by the mortgage, and in the receipt agreed to apply to the United States district court for permission to satisfy the mortgage. There was no other evidence that anything had been paid upon the mortgage. Four years after the date of the receipt the mortgagee came to a settlement with his creditors, and in the schedule of assets filed in the bankruptcy court did not include the mortgage, nor did he make any claim under it until after the mortgagor’s death. Held, that a compulsory nonsuit was properly entered at the trial of the scire facias.