Legal Opinion

Luther v. Luther

Supreme Court of Pennsylvania

Decided June 27, 1906No. Appeal, No. 112PublishedCited by 44 opinions

Appeal, No. 112, Jan. T., 1906, by F. O. Luther, from decree of C. P. Blair Co., Equity Docket C No. 455, on bill in equity in case of Louisa Luther, widow of Chrysostom Luther, deceased, v. The Standard Building and Loan Association and F. O. Luther and J. W. Luther, heirs of Chrysostom Luther, deceased. Bill in equity for specific performance.

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Appeal, No. 112, Jan. T., 1906, by F. O. Luther, from decree of C. P. Blair Co., Equity Docket C No. 455, on bill in equity in case of Louisa Luther, widow of Chrysostom Luther, deceased, v. The Standard Building and Loan Association and F. O. Luther and J. W. Luther, heirs of Chrysostom Luther, deceased. Bill in equity for specific performance. Before Bell, P. J. The complainant in her bill alleged in substance as follows: That her husband, Chrysostom Luther, was on April 29,1893, and prior thereto, the owner of a tract of land, situate in Carroll township, Cambria county, Pennsylvania,…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The court below has found, as a fact, under evidence to sustain the finding, that the appellant procured by artifice and deception the signature of his mother to the letter of December 5, 1902, addressed to the Standard Building and Loan Association of Altoona, and he could not, therefore, complain of this decree, if there were a proper bill to support it and it conformed to the prayer for relief.

The deception found to have been practiced by the son upon his mother was of a negative character, but it was not, for that reason, less potential in inducing her to sign…

2Cases cited3 opinions

  1. Thompson v. ThompsonSupreme Court of Pennsylvania · 1889
  2. Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1894
  3. Horton's AppealSupreme Court of Pennsylvania · 1850

3Cited by44 opinions

  1. Thomas v. SEAMANSupreme Court of Pennsylvania · 1973
  2. Caveny v. CurtisSupreme Court of Pennsylvania · 1917
  3. Rossmassler v. SpielbergerSupreme Court of Pennsylvania · 1921
  4. Eddy v. Ashley BoroughSupreme Court of Pennsylvania · 1924
  5. Troutman's EstateSupreme Court of Pennsylvania · 1921

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