1 Pa. 493 | Pa. | 1845
The opinion of the court was delivered by
Whether the original single bills were merged in the substituted judgment notes, it is not material to inquire; for certainly a mere change of the evidences of the debt would not discharge the mortgage pro tanto in favour of the mortgagor, or any one claiming on the foundation of his title, and standing in no peculiar equity. A purchaser or second mortgagee, without notice, would not be in that category; for the debtor might mislead him by producing the cancelled bills as evidence of part satisfaction; and thus the creditor, having put into his-hands the means of deception, would be bound to abide the consequences ; and the presumption would be that the purchaser or second mortgagee had seen the cancelled bills, for such circumstances are
Judgment affirmed.