Holden v. Banes
Supreme Court of Pennsylvania
APPEAL BY SHARPLESS & SONS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 179 July Term 1890, Sup. Ct.; court below, No. 643 December Term 1881, C. P. No. 4, On January 30, 1882, John Holden, as assignee of Catharine Finn, issued a scire facias sur mortgage against Thomas Banes and Robert C. Brodie, administrators of Susanna Banes, deceased. Judgment having been obtained, a levari facias was issued whereon the mortgaged premises were sold.
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APPEAL BY SHARPLESS & SONS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 179 July Term 1890, Sup. Ct.; court below, No. 643 December Term 1881, C. P. No. 4, On January 30, 1882, John Holden, as assignee of Catharine Finn, issued a scire facias sur mortgage against Thomas Banes and Robert C. Brodie, administrators of Susanna Banes, deceased. Judgment having been obtained, a levari facias was issued whereon the mortgaged premises were sold. Subsequently, the purchase money was paid into court, and Mr. William B. Edwards was appointed auditor to report a distribution. On…
1Per curiam
It is not denied that the claim of Colladay, Trout & Co. against Mr. Yezin was bona fide, and for an honest debt. It was proved and allowed by the Orphans’ Court after his death. It was urged, however, that Mrs. Vezin could not make a binding contract during coverture. This is true, and she would be entitled to avoid such contract. The right of her creditor to avoid it for her is not so clear. The privilege to claim her disability belonged to her; it was not for a creditor to set it up for her. Such contract imposed a moral obligation upon her, which was a sufficient consideration for a…
2Cases cited5 opinions
- Hemphill v. McClimansSupreme Court of Pennsylvania · 1855
- Brooks v. Merchants N. BankSupreme Court of Pennsylvania · 1889
- Leonard v. DuffinSupreme Court of Pennsylvania · 1880
- Brown v. BennettSupreme Court of Pennsylvania · 1874
- Trout v. McDonaldSupreme Court of Pennsylvania · 1877
3Cited by8 opinions
- Bailey v. PhiladelphiaSupreme Court of Pennsylvania · 1895
- United States v. St. MaryDistrict Court, E.D. Pennsylvania · 1971
- Farmers & Merchants Bank v. DaikerSupreme Court of Iowa · 1914
- Geiselbrecht v. GeiselbrechtSuperior Court of Pennsylvania · 1898
- Walthour v. McDowellSuperior Court of Pennsylvania · 1933
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