Legal Opinion

Sturgeon v. Stevens

Supreme Court of Pennsylvania

Decided May 26, 1898No. Appeal, No. 447PublishedCited by 4 opinions

Appeal, No. 447, Jan. T., 1897, by defendants, from decree of C. P. Warren Co., June T., 1897, No. 17, on bill in equity. Bill in equity to revoke a deed of trust.

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Appeal, No. 447, Jan. T., 1897, by defendants, from decree of C. P. Warren Co., June T., 1897, No. 17, on bill in equity. Bill in equity to revoke a deed of trust. The facts appear by the opinion of Noyes, P. J., which was as follows: ■ This is a bill in equity alleging that a certain writing, a copy of which is attached to the bill, purporting to be signed by Sarah A. Sturgeon, John M. Sturgeon, Jr., and A. B. Stevens, was executed by the plaintiff without consideration, without any advice or suggestion as to the necessit}’- of the insertion of a power of revocation therein, was not in…

1Opinion of the Court

Opinion by

Mr. Justice Gbeen,

As a matter of course if John M. Sturgeon was the owner of the $2,100 mentioned in the agreement of November 17, 1893, or if he had an interest therein as owner, it would not have been within the power of his mother to revoke the agreement or alter its conditions. The difficulty with the appellant’s case is the want of proof of any such interest in her husband in the money in question. It is beyond dispute that the money was actually furnished to Stevens by the plaintiff, and there is not *361a particle of definite proof in tbe case that the appellant’s husband ever…

2Cases cited3 opinions

  1. Frederick's AppealSupreme Court of Pennsylvania · 1866
  2. Russell's AppealSupreme Court of Pennsylvania · 1874
  3. Rick's AppealSupreme Court of Pennsylvania · 1884

3Cited by4 opinions

  1. Billow v. Billow, LiquidatorSupreme Court of Pennsylvania · 1948
  2. Cooke Tr. Co., Trustee v. Lords.Hawaii Supreme Court · 1955
  3. Coram v. DavisMontana Supreme Court · 1909
  4. Greenwood v. GreenwoodDistrict Court, E.D. Pennsylvania · 1956

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