Estate of Dutton
Supreme Court of Pennsylvania
Appeal, No. 559, Jan. T., 1896, by-George W. Beatty, from decree of O. O. Delaware County, No. 5094, overruling exceptions to auditor’s report.
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Appeal, No. 559, Jan. T., 1896, by-George W. Beatty, from decree of O. O. Delaware County, No. 5094, overruling exceptions to auditor’s report. The case was referred to John B. Hannum, Esq., who reported as follows: FINDING OF FACTS. 1. Jonathan Dutton died on September 17, 1880, intestate, leaving to survive him, his widow, Lydia F. Dutton and four children: Jane F. Clayton, Annie G. Dutton, now Annie D. Johnson, John Dutton and George G. Dutton. 2. Proceedings in partition were begun in the orphans’ court of Delaware county, in the estate of said Jonathan Dutton, which resulted in the said…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Three questions are raised by the assignments of error. They are (1) whether Larkin was a competent witness to testify to matters occurring between himself and Dutton and Singleton in the lifetime of Beatty, (2) whether the mortgage from Dutton to Singleton on October 31, 1882, operated as an equitable assignment of the former’s interest in the recognizance and (3) whether Dutton’s assignment to Beatty on January 21,1884, was subject to the equity of Singleton founded upon the loan and mortgage. Questions 1 and 2 were not discussed on the argument at bar, nor in…
2Cases cited6 opinions
- Kuhns's EstateSupreme Court of Pennsylvania · 1894
- Bailey v. Allegheny National BankSupreme Court of Pennsylvania · 1883
- Kirkpatrick v. MuirheadSupreme Court of Pennsylvania · 1851
- Hay v. MayerSupreme Court of Pennsylvania · 1839
- Costen's AppealSupreme Court of Pennsylvania · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Shepler v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1938
- Brawn v. LyfordSupreme Judicial Court of Maine · 1907
- Rothsville Knitting Mills Assigned EstateSuperior Court of Pennsylvania · 1912
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