McClaughry v. McClaughry
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No. 409 January Term 1888, Sup. Ct.; court below, No. 30 November term 1887, C. P. \ On September 14, 1887, a scire facias sur mortgage was instituted by “ C. F. McClaughry, widow, who survives M. M. McClaughry, her husband,” against R. B. McClaughry, morG gagor.
Read the full summary
ERROR TO THE COURT OE COMMON PLEAS OE ERIE COUNTY. No. 409 January Term 1888, Sup. Ct.; court below, No. 30 November term 1887, C. P. \ On September 14, 1887, a scire facias sur mortgage was instituted by “ C. F. McClaughry, widow, who survives M. M. McClaughry, her husband,” against R. B. McClaughry, morG gagor. The mortgage, dated February 1, 1878, and duly recorded, was “between R. B. McClaughry, of .... , party of the first part, and M. M. McClaughry, of...... party of the second part,” and recited: “Whereas, The said party of the first part, by his bond or obligation bearing date the…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
There is but a single question presented on this record. In 1878, M. M. McClaughry took a bond and mortgage from his son, R. B. McClaughry, in the sum of ten thousand dollars, conditioned for the payment to himself during his natural life of the. sum of four hundred dollars per annum, and after his decease for the payment to his wife, C. F. McClaughry, of the sum of one hundred and fifty dollars per annum during her fife. In December, 1881, he caused satisfaction to be entered on the mortgage, and in March, 1882, died. The son, treating the satisfaction so…
2Cases cited3 opinions
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Peterson v. LothropSupreme Court of Pennsylvania · 1859
- Roberts v. HalsteadSupreme Court of Pennsylvania · 1848
3Cited by3 opinions
- Bryan v. Moncrief Furnace Co.Supreme Court of Georgia · 1929
- Heilig v. HeiligSuperior Court of Pennsylvania · 1905
- Shambach v. Middlecreek Electric Co.Superior Court of Pennsylvania · 1911