Nulton's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Luzerne county: Of January Term 1883, No. 354. This was an appeal by Elvira Nulton, widow of Benjamin Nulton, deceased, from a decree of the said court ordering that a certain deed of Frederick Nulton and wife to Elvira Nulton, be cancelled and set aside on the ground of fraud, mistake and want of consideration.
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Appeal from the Court of Common Pleas of Luzerne county: Of January Term 1883, No. 354. This was an appeal by Elvira Nulton, widow of Benjamin Nulton, deceased, from a decree of the said court ordering that a certain deed of Frederick Nulton and wife to Elvira Nulton, be cancelled and set aside on the ground of fraud, mistake and want of consideration. Said decree was made in conformity with the prayers of a bill in equity, wherein Frederick M. Nulton was complainant, and Elvira Nulton, defendant, and which set forth the following facts: That complainant was the adopted son and heir of…
1Opinion of the CourtJustice Clark
The prayer of this bill is for the rescission and cancellation of a deed of conveyance, from Frederick M. Nulton to Elvira Nulton, dated April 2d 1881 for eighty-nine acres and twenty-one perches of land, situate in Franklin township, Luzerne county, which was regularly executed and delivered ; also for an account.
The Master, after full consideration, recommended a decree dismissing the bill; the learned court below, however, upon examination of the report, reversed the Master, and ordered the said deed to be cancelled and annulled, denying, however, the prayer for an account.
We will not…
2Cited by5 opinions
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- Radnor Building & Loan Ass'n v. ScottSupreme Court of Pennsylvania · 1923
- Fisher v. RobisonSupreme Court of Pennsylvania · 1938
- Mansfield v. ReddingSupreme Court of Pennsylvania · 1921
- Hessan v. Gross, Pennsylvania Court of Common Pleas, Philadelphia County1971