Summary

Portrait of John Marshall John Marshall Peltz v. Clarke — Opinion of the Court

This is fully proved by the cases cited in argument by the counsel for the plaintiffs. Yet the legal title is not technieally released by receiving the money. This rule must then be founded on an equitable control exercised by courts of law over parties in ejectment. It would be contrary to the plainest principles of equity and justice, to permit a stranger, who had no interest in the mortgage, to set it up when it had been satisfied by the mortgagor himself, to defeat his title.
Source: Wikisource

Portrait of John Marshall John Marshall Peltz v. Clarke — Opinion of the Court

There is no error in the judgment of the circuit court; and it is affirmed, with costs.
This cause came on to be heard on the transcript of the record from the circuit court of the United States for the district of Columbia, holden in and for the county of Washington, and was argued by counsel; on consideration whereof, it is considered, ordered and adjudged by this court, that the judgment of the said circuit court in this cause be, and the same is hereby affirmed, with costs.
Source: Wikisource

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