Orr v. Peters
Supreme Court of Pennsylvania
Appeal, No. 48, Oct. T., 1900, by defendant, from decree of C. P. Beaver Co., June T., 1896, ■ No. 2, on bill in equity in case of James L. Orr v. John li. Peters and Frank E. Simpson. Bill in equity for an injunction to restrain assignment of mortgage and to postpone mortgage to complainant’s judgment. Wilson, P. J., found the facts to be as follows: FINDINGS OF FACT. 1. In the year 1880 the defendant, John Ii.
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Appeal, No. 48, Oct. T., 1900, by defendant, from decree of C. P. Beaver Co., June T., 1896, ■ No. 2, on bill in equity in case of James L. Orr v. John li. Peters and Frank E. Simpson. Bill in equity for an injunction to restrain assignment of mortgage and to postpone mortgage to complainant’s judgment. Wilson, P. J., found the facts to be as follows: FINDINGS OF FACT. 1. In the year 1880 the defendant, John Ii. Peters, and Michael H. Simpson, the father of the other defendant, and Chester B. Lawrence were the owners as tenants in common of certain lands situate near Georgetown, Beaver…
1Opinion of the Court
Opinion :by
Mr. Justice Fell,
There is not a specific finding by the court that the mortgage, whose validity is in question, was given to hinder, delay or defraud creditors, but from the finding's made, it necessarily follows that it was given for that purpose. The substance of the findings of fact is that Peters and Simpson were jointly interested in the development of mineral lands which they owned; that the money advanced by Simpson was his share of the capital used in the enterprise; that it was not advanced with the intention that any part of it should be repaid; that there had been no…
2Cases cited5 opinions
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