Stewart's Appeal
Supreme Court of Pennsylvania
June 15th 1881. Before Shabswood, C. J., Mebcub, Gob-don, Paxson, Tbunket, Stebbbtt and Gbeen, JJ. Appeal from the Court of Common Pleas of Clearfield county: In Equity: Of May Term 1881, No. 107. T.liis was an appeal by Samuel E. Stewart from a decree of the said court, sustaining the exceptions of William Hegarty to the report of a master.
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June 15th 1881. Before Shabswood, C. J., Mebcub, Gob-don, Paxson, Tbunket, Stebbbtt and Gbeen, JJ. Appeal from the Court of Common Pleas of Clearfield county: In Equity: Of May Term 1881, No. 107. T.liis was an appeal by Samuel E. Stewart from a decree of the said court, sustaining the exceptions of William Hegarty to the report of a master. The bill in equity was filed October 16th 1874 by William Ilegarty against James A. Hegarty and Samuel E. Stewart, praying that a certain deed be declared void and be delivered up to be cancelled. The material facts, as reported by the master, were as…
1Opinion of the CourtJustice Gordon
As the court below has furnished us with no opinion, we are uninformed as to the reasons for its dissent from the report of the master. That report seems to have been well and carefully made ; the evidence, as we think, has been well considered, and with his legal conclusions we can find no fault.
It is, indeed, true, that, in fact, the deed from William Ilegarty and wife was but a trust, but on its face it was absolute; a deed in fee simple, regularly signed, sealed, acknowledged, delivered and recorded ; and it is not even pretended that of the secret trust between "William and James…
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