Yard v. Patton
Supreme Court of Pennsylvania
Appeal from Nisi Prius in Equity, Philadelphia: March 6th. — The bill filed by Yard, executor of Elliott, set forth that Elliott, on the 30th June, 1837, executed a mortgage to Patton, to secure a bond for $13469 : but that in fact it was given to secure Elliott’s notes given for the accommodation of D. Cragg, as appeared by an instrument of the same date, executed by Patton.
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Appeal from Nisi Prius in Equity, Philadelphia: March 6th. — The bill filed by Yard, executor of Elliott, set forth that Elliott, on the 30th June, 1837, executed a mortgage to Patton, to secure a bond for $13469 : but that in fact it was given to secure Elliott’s notes given for the accommodation of D. Cragg, as appeared by an instrument of the same date, executed by Patton. That on the 12th July, 1837, Cragg and Elliott sealed an agreement whereby the former undertook to pay these notes and the discounts on renewals, agreeably to the terms of the agreement between Elliott and Patton, in…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
The prayer of the plaintiff’s bill is that the defendant, Patton, shall be compelled to deliver up the bond and mortgage, and enter satisfaction on the record thereof; that the articles of July 12, 1837, be surrendered for cancellation; and that the defendants be restrained, by perpetual injunction, from suing, at law, the bond and mortgage executed by the testator.
*282A preliminary objection is taken, by tbe defendants, to tbe jurisdiction of the court; but as we are against the plaintiff on the merits, as disclosed by the pleading and evidence,…
2Cases cited2 opinions
- Bunn v. WinthropNew York Court of Chancery · 1815
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
3Cited by22 opinions
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Piper v. QueeneySupreme Court of Pennsylvania · 1924
- Commissioner of Internal Revenue v. ParkCourt of Appeals for the Third Circuit · 1940
- Killeen's EstateSupreme Court of Pennsylvania · 1932
- Park v. CommissionerUnited States Board of Tax Appeals · 1938
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