Page:United States Reports, Volume 1.djvu/153

142 

1785.

DEBTOR in confinement under a Magiʃtrate's execution, partitioned for his difcharge under the infolvent laws. Pent was remanded, been  he had not applied before the adjourn THE COURT obferved that it was already eafy enough for  to get out of gaol. 

HIS came before the Court on a cafe ftated ; in fubftance as follows:

On the 5th of March 1782, a mortgage was executed by Abd Kelly to Thomas Groome and his affigns,, for fecuring the payment of Ł. 47.4.0 with intereft on the 5th of March 1793. On the 9th of Auguʃt 1782, the mortgage was affigned for a valuable confideration to John Dorrow ; who fued out a Scire Facias to June Term 1784, the day of payment being paft.—After the Affignment, and before the Scire Facias fued, Kelly  became indebted to the faid Dorrow  by notes and book accounts in divers fums, which ftill remain unpaid and payable.

Ingerʃoll, for the defendant, had obtained a rule to fhew caufe why the proceedings on the Scire Fracias fhould not be ftayed, upon payment of the principal mortage money, interefts, and cofts only ; without payment of the fubfequent fimple contract debts?

Lewis, for the Plaintiff, fhewed caufe, and ftated from the books the law on the fubject in England:— That it is prefumed the fubfequent fimple contract debts,, were contracted on the faith of the firft fecurity, though no fpecial agreement for the purpofe ; that after the day of payment, the mortgaged premifes are forfeited in ftrict law ; the privilege of redemption afterwards is a matter of equity, which fhall be withheld until the mortgagor does equity by payment of all debts ; that it prevents a multiplicity of fuits, and effectuates fubftantial juftice. And he contended that in Pennʃylvania, the chancery jurifdiction for redemption of mortgages, is transferred by the act of Affembly to the common law Courts, which will alfo take care that he who claims equity fhall do it. He cited a great number of cafes, both as to the reafons and conclufions of the law. 3 Peer Wms. 334. 3 Atk. 556 630. 1 ''Chan. Caʃes.'' 97. 2. Vern. 286. 2 ''Chan. Caʃes'' 98. 2 Vern. 177. ''Prec. Chanc.'' 18. ''Gilb. Rep. in Eq.'' 104. ''Prec. Chane.'' 419. 16 Vin. 264. 5. 1 Peer Wms. 775. 6. 1 Vern. 244. 4. Salk. 240. 1 ''Eq. Caʃ. Abr.'' 325. 2 Ibid. 594. ''Gilb. Rep. in Ep.'' 96. ''Max. oƒ Eq. 1 Treatiʃe oƒ Eq.'' 89. 90.

Ingerʃoll read fome authorities to fhew, that even in England, the law on the fubject is not thoroughly fettled. 2 Stra. 1107. ''Eq. Caʃ.'' 359. 3 ''Bac. Abr.'' 651. ''Prec. Chanc.'' 407. 419—But, conceding it to