Legal Opinion

Brant v. Dennison

Supreme Court of Pennsylvania

Decided October 5, 1885PublishedCited by 2 opinions

Error to the Court of Common Pleas of Somerset County, to> review a judgment for plaintiff in ejectment. On April 29, 1868, George R. Drips deeded to Josiah Brant-hotel property in the borough of Somerset, and a 5-acre lot adjoining the borough, and took a mortgage thereon for part off the purchase money. Some portion of this mortgage remained unpaid at the death of Drips, and his administrators brought-this action of ejectment to enforce payment.

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Error to the Court of Common Pleas of Somerset County, to> review a judgment for plaintiff in ejectment. On April 29, 1868, George R. Drips deeded to Josiah Brant-hotel property in the borough of Somerset, and a 5-acre lot adjoining the borough, and took a mortgage thereon for part off the purchase money. Some portion of this mortgage remained unpaid at the death of Drips, and his administrators brought-this action of ejectment to enforce payment. Brant offered, in defense of the action, a paper purporting to be an assignment of the mortgage by Drips to Mary A. Brant, wife of the defendant,…

1Opinion of the Court

Opinion by

Mr. Justice Sterrett:

While some of the specifications of error present questions not entirely free from doubt, we are not prepared to say there is any error in the rulings of the court that would justify a reversal of the judgment. The plaintiffs below had a clear prima facie ease. The defense hinged on a question of fact, which was fairly submitted to the jury and by them disposed of to the satisfaction of the court below, and, so far as we are able to discover, in accordance with the weight of the evidence.

The signature, purporting to be that of George B. Drips, to each of the…

2Cases cited2 opinions

  1. Steininger v. Hoch'sSupreme Court of Pennsylvania · 1862
  2. Carter v. TruemanSupreme Court of Pennsylvania · 1847

3Cited by2 opinions

  1. Maxwell v. FordWest Virginia Supreme Court · 1927
  2. Talbott v. HedgeIndiana Court of Appeals · 1892

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