Winton v. Morss
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Luzerne county : Of January Term 1878, No. 186., In equity. This was a bill in equity filed by W. W. Winton, against I). K. Morss, surviving- executor of James Mott, deceased, and others. The questions raised by the record in this case, grew out of previous orders and decrees made in the same cause.
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Appeal from the Court of Common Pleas of Luzerne county : Of January Term 1878, No. 186., In equity. This was a bill in equity filed by W. W. Winton, against I). K. Morss, surviving- executor of James Mott, deceased, and others. The questions raised by the record in this case, grew out of previous orders and decrees made in the same cause. In 1870 the plaintiff filed his bill in equity, praying that the effect of a certain paper, executed between Barker, under whom plaintiff claimed, and defendants’ testator, might be decreed to be a mortgage. This paper embraced a tract of coal land in…
1Opinion of the CourtJustice Woodward
All due consideration was given to the point presented by the first assignment of error when this cause was heard on the first appeal. The laborious investigation by the master and Judge Dana’s thorough review of the report, resulted in the imposition of costs on the plaintiff, and nothing appeared on the argument in 1876, to show that any such error had been committed as to require that the decision should be reversed.
It is possible that some unguarded language in the opinion of this court in entering the former judgment, caused the misapprehension under which the rulings complained of in…
2Cases cited3 opinions
- Wilt v. VickersSupreme Court of Pennsylvania · 1839
- Colwell v. HamiltonSupreme Court of Pennsylvania · 1840
- Neel v. NeelSupreme Court of Pennsylvania · 1854
3Cited by23 opinions
- Hempstead v. Meadville Theological SchoolSupreme Court of Pennsylvania · 1926
- Polka v. MaySupreme Court of Pennsylvania · 1955
- Smith v. Equitable Trust Co.Supreme Court of Pennsylvania · 1906
- Whitney v. Jersey Shore BoroughSupreme Court of Pennsylvania · 1920
- Miller v. MyersSupreme Court of Pennsylvania · 1930
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