Kirk v. Kirker
Supreme Court of Pennsylvania
Appeal, No. 387, Jan. T., 1921, by plaintiff, from decree of C. P. No. 3, Pbila. Co., June T., 1919, No. 328, dismissing bill in equity, in case of Lewis Kirk v. William O. Kirker, Bessie Kirker, bis wife, and Harry S. Ransley, sheriff of Pbila. Co. Bill in equity to declare trust ex maleficio in real estate. Before Ferguson, J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court dismissed tbe bill. Plaintiff appealed.
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Appeal, No. 387, Jan. T., 1921, by plaintiff, from decree of C. P. No. 3, Pbila. Co., June T., 1919, No. 328, dismissing bill in equity, in case of Lewis Kirk v. William O. Kirker, Bessie Kirker, bis wife, and Harry S. Ransley, sheriff of Pbila. Co. Bill in equity to declare trust ex maleficio in real estate. Before Ferguson, J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court dismissed tbe bill. Plaintiff appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff owned two adjoining houses, Nos. 5432 and 5434 Haverford Street, Philadelphia, subject to mortgages which were foreclosed for nonpayment of interest. Kirker, a relative of plaintiff, seeing notices of a sheriff’s sale of the premises, visited the home of plaintiff and proposed to take over the mortgages if assignments could be procured. His efforts in this respect, however, were unsuccessful. Subsequently, on the day of the sheriff’s sale, the parties met in the office of Evan B. Lewis, Esq., Kirker’s attorney, and discussed the matter of bidding on the…
2Cases cited3 opinions
- McCloskey v. McCloskeySupreme Court of Pennsylvania · 1903
- Cruzan v. CruzanSupreme Court of Pennsylvania · 1914
- Shimer v. Aldine Trust Co.Supreme Court of Pennsylvania · 1919
3Cited by1 opinion
- Volk v. VolkSupreme Court of Pennsylvania · 1922