Legal Opinion

Union Trust Co. v. Cain

Superior Court of Pennsylvania

Decided October 9, 1905No. 1; Appeal, No. 231PublishedCited by 1 opinion

Appeal, No. 231, by plaintiff, from judgment of O. P. No. 2, Allegheny Co., April T., 1902, No. 612, on verdict for defendant non obstante veredicto in case of the Union Trust Company of Pittsburg, administrator of Johanna Montgomery, deceased, v. William H. Cain and Mary Eliza Cain, his wife, with notice to James D. Hailman and W. A. Dickey, terre-tenants. Scire facias sur mortgage. Rule for judgment for defendant non obstante veredicto.

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Appeal, No. 231, by plaintiff, from judgment of O. P. No. 2, Allegheny Co., April T., 1902, No. 612, on verdict for defendant non obstante veredicto in case of the Union Trust Company of Pittsburg, administrator of Johanna Montgomery, deceased, v. William H. Cain and Mary Eliza Cain, his wife, with notice to James D. Hailman and W. A. Dickey, terre-tenants. Scire facias sur mortgage. Rule for judgment for defendant non obstante veredicto. Rodgers, J., filed the following opinion: Johanna Montgomery was formerly the owner of the mortgaged premises described in the scire facias. On June 6,1892,…

1Opinion of the Court

Opinion by

Beaver, J.,

The appellant endeavored to recover from the terre-tenants in this case the arrearages of interest upon a mortgage given by Cain and wife to Johanna Montgomery, the decedent, for purchase money of a lot sold by McCrickart, the attorney in fact of Mrs. Montgomery. The mortgage taken for the purchase money was assigned by McCrickart to Pittsburg Lodge 337, I. O. O. F. McCrickart acted as attorney in fact for Mrs. Montgomery, under a special power of attorney, authorizing him to sell and convey the property in question. His power to sell' and to take a mortgage for the…

2Cases cited2 opinions

  1. Cox v. RogersSupreme Court of Pennsylvania · 1874
  2. Union Trust Co. v. MeansSupreme Court of Pennsylvania · 1902

3Cited by1 opinion

  1. Atlantic Refining Co. v. FisherSuperior Court of Pennsylvania · 1910

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