Megargel's Administrator v. Megargel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county : Of January Term, 1884, No. 181. Scire facias sur mortgage, by Jesse Megargel against P. S. Porter, administrator of M. M. Megargel, deceased.
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Error to the Court of Common Pleas of Lackawanna county : Of January Term, 1884, No. 181. Scire facias sur mortgage, by Jesse Megargel against P. S. Porter, administrator of M. M. Megargel, deceased. By agreement of the parties, the case was referred to E. N. Willard, Esquire, as referee, before whom the following facts appeared: On November 16, 1861, M. M. Megargel executed and delivered a mortgage to his father, the plaintiff in this action, to secure the payment of $380, then due and owing from the said mortgagor to the plaintiff. This mortgage was duly recorded. The defendant put in…
1Opinion of the CourtJustice Steurett
In none of the numerous exceptions to the report of the referee is it even alleged that he failed to find any material fact that the testimony would have warranted. His findings of fact therefore, sustained as they are by the evidence, and approved by the court, must now be considered conclusive, as much so as the special verdict of a jury, and by them alone the validity of the judgment must be tested.' He found that the mortgage on which the scire facias issued was executed November 16,1861, by defendant’s intestate to secure the pa\rment of $380, then due and owing by him to his father, the…
2Cases cited1 opinion
- Foster v. . BealsNew York Court of Appeals · 1860
3Cited by3 opinions
- Tustin v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1915
- Estate of EshelmanSupreme Court of Pennsylvania · 1891
- Smith Estate, Pennsylvania Court of Common Pleas, Monroe County1950