Guaranty Trust & Safe Deposit Co. v. Powell
Supreme Court of Pennsylvania
Appeals, Nos. 343, 391, Jan. T., 1892, from decrees of C. P. Bedford Co., Sept. T., 1891, No. 79, ordering the satisfaction of a mortgage, under the Act of May 25, 1887, P. L. 270, on petition of creditors of the assigned estate embracing the mortgaged premises. The petition was filed by Geo.
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Appeals, Nos. 343, 391, Jan. T., 1892, from decrees of C. P. Bedford Co., Sept. T., 1891, No. 79, ordering the satisfaction of a mortgage, under the Act of May 25, 1887, P. L. 270, on petition of creditors of the assigned estate embracing the mortgaged premises. The petition was filed by Geo. M. Brisbin et al., lately trading as the Houtzdale Bank, creditors of the assigned estates of Powel & Co. and Powell, Sons & Co., for the sum of $14,878.40, of which firms plaintiff was assignee. The petition alleged that, on May 1, 1883, Robert Hare Powell, deceased, executed a mortgage for $350,000 to…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The petition is, by its express terms, based on the Act of May 25, 1887, P. L. 270. That Act authorizes the court to direct the issue of a scire facias by the holder of a mortgage upon petition of the mortgagor or his legal representative, or the owner of the mortgaged premises. It is in this last capac-1 ity that the petitioners claim. The mortgagor Avas Powel, and his title to the land passed to the appellant as assignee for the *18Denefib of the creditors of Powel & Co., and Powel’s Sons & Co., among which creditors are the present petitioners. In no possible…
2Cases cited5 opinions
- Campbell v. GalbreathSupreme Court of Pennsylvania · 1836
- Montgomery v. CookSupreme Court of Pennsylvania · 1837
- Hamilton v. BrownSupreme Court of Pennsylvania · 1851
- Blanchard v. CommonwealthSupreme Court of Pennsylvania · 1837
- Chambersburg Insurance v. Smith ex rel. NicholsSupreme Court of Pennsylvania · 1849
3Cited by18 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Purdy v. MasseySupreme Court of Pennsylvania · 1931
- Federal Deposit Ins. Corp. v. BarnessDistrict Court, E.D. Pennsylvania · 1980
- Smiler v. TollSupreme Court of Pennsylvania · 1953
- Walker v. MasonSupreme Court of Pennsylvania · 1922
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