Legal Opinion

Gilkeson v. Thompson

Supreme Court of Pennsylvania

Decided December 31, 1904No. Appeal, No. 160PublishedCited by 18 opinions

Appeal, No. 160, Oct. T., 1904, by plaintiff, from decree of O. P. No. 3, Allegheny Co., Aug. T., 1904, No. 327, dismissing bill in equity in case of Findley Gilkeson v. Euphemia Thompson, Rebecca Blanche Thompson, Mt. Washington Savings & Trust Company and Andrew G. Smith, Executor of John Long, deceased. Bill in equity to compel the reassignment of a mortgage. Before Evans, J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 160, Oct. T., 1904, by plaintiff, from decree of O. P. No. 3, Allegheny Co., Aug. T., 1904, No. 327, dismissing bill in equity in case of Findley Gilkeson v. Euphemia Thompson, Rebecca Blanche Thompson, Mt. Washington Savings & Trust Company and Andrew G. Smith, Executor of John Long, deceased. Bill in equity to compel the reassignment of a mortgage. Before Evans, J. The facts are stated in the opinion of the Supreme Court. Error assigned was in dismissing the bill.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

By his original bill the appellant asked that the Mt. Washington Savings and Trust Company be restrained from collecting a certain mortgage of which it was the holder, and that a decree be made directing it to reassign the same and the accompanying bond to some trustee for the estate of John Long, deceased. These had been given to Long to secure the payment of the balance of purchase money for land which he had sold to one O. P. Phillips. The appellant, as the next of kin and heir at law of Long, alleged, as grounds for the relief sought, that the decedent had been…

2Cases cited5 opinions

  1. Lohr v. Philipsburg BoroughSupreme Court of Pennsylvania · 1893
  2. Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
  3. Hood v. FahnestockSupreme Court of Pennsylvania · 1839
  4. Getty v. Pennsylvania Institution for the Instruction of the BlindSupreme Court of Pennsylvania · 1900
  5. Barbour v. WiehleSupreme Court of Pennsylvania · 1887

3Cited by18 opinions

  1. Williams' EstateSupreme Court of Pennsylvania · 1912
  2. Holt v. HoltSupreme Court of North Carolina · 1950
  3. Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
  4. Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
  5. Hober's EstateSuperior Court of Pennsylvania · 1935

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