O'Hara v. Corr
Supreme Court of Pennsylvania
Appeal, No. 182, Oct. T., 1904, by plaintiff, from order of G. P. No. 1, Allegheny Co., June T., 1902, No. 793, refusing to take off nonsuit in case of Frances A. O’Hara to use of Rebecca R. Phillips now for use of Anna L. Caldwell v. John Corr, Deceased, now in the hands of Mary Corr, or Carr, Administratrix, with notice to Harry E. Holman, terre-tenant. Scire facias sur mortgage. Before Collier, J. The factsl are stated in the opinion of the Supreme Court.
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Appeal, No. 182, Oct. T., 1904, by plaintiff, from order of G. P. No. 1, Allegheny Co., June T., 1902, No. 793, refusing to take off nonsuit in case of Frances A. O’Hara to use of Rebecca R. Phillips now for use of Anna L. Caldwell v. John Corr, Deceased, now in the hands of Mary Corr, or Carr, Administratrix, with notice to Harry E. Holman, terre-tenant. Scire facias sur mortgage. Before Collier, J. The factsl are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a scire facias sur mortgage, dated January 11, 1873, for the sum of $2,460 payable in five equal annual installments with interest. The first three installments were assigned by the mortgagee, Frances A. O’Hara, to Rebecca R. Phillips, and the executor of the latter subsequently assigned the same to Anna L. Caldwell, the principal beneficiary under her will and the use plaintiff in this case. The mortgagor, John Corr, is also dead and the writ issued against his administratrix, with notice to Harry E. Holman, terre-tenant, who had purchased the mortgaged…
2Cases cited5 opinions
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Appeal of RunnerSupreme Court of Pennsylvania · 1888
- Smith v. ShoenbergerSupreme Court of Pennsylvania · 1896
- Morrison v. FunkSupreme Court of Pennsylvania · 1854
- White v. WhiteSupreme Court of Pennsylvania · 1901
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