Legal Opinion

Clymer v. Groff

Supreme Court of Pennsylvania

Decided April 20, 1908No. Appeal, No. 271PublishedCited by 16 opinions

Appeal, No. 271, Jan. T., 1907, by defendants, from judgment of C. P. Delaware Co., Dec. T., 1901, No. 172, on verdict for plaintiff in case of Jane B. Clymer, Assignee of Alfred S. Miller, Mortgagee, v. Charles Groff and Henry Hinkle, Executors of the last Will and Testament of Levi H. Clymer, deceased, Mortgagor, and Hester A. Wheeler et al., Real Owners. Scire facias sur mortgage. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 271, Jan. T., 1907, by defendants, from judgment of C. P. Delaware Co., Dec. T., 1901, No. 172, on verdict for plaintiff in case of Jane B. Clymer, Assignee of Alfred S. Miller, Mortgagee, v. Charles Groff and Henry Hinkle, Executors of the last Will and Testament of Levi H. Clymer, deceased, Mortgagor, and Hester A. Wheeler et al., Real Owners. Scire facias sur mortgage. The facts are stated in the opinion of the Supreme Court. At the trial the court sustained objections to the admission of evidence as to the invalidity of the marriage between the plaintiff and the mortgagor. [1,…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was a scire facias on a mortgage, made by Levi H. *583Clymer, dated October 1, 1902, and payable in three years. It was made to Alfred S. Miller, who was attorney for the mortgagor, and was assigned, on the day of its date, to Jane B. Clymer. Both the mortgage and assignment were duly recorded on the day following their execution.

Jane B. Clymer, the assignee of the mortgage, was married to the mortgagor, had lived with him as his wife for many years, and was so living with him when the mortgage and assignment were executed. Levi II. Clymer died June 23,1903, and…

2Cases cited5 opinions

  1. Valter v. BlavkaIllinois Supreme Court · 1902
  2. Grimes v. HilliaryIllinois Supreme Court · 1894
  3. Mynes v. MynesWest Virginia Supreme Court · 1900
  4. Cosgrove v. CummingsSupreme Court of Pennsylvania · 1900
  5. Crocker v. ThompsonMassachusetts Supreme Judicial Court · 1841

3Cited by16 opinions

  1. Piper v. QueeneySupreme Court of Pennsylvania · 1924
  2. Killeen's EstateSupreme Court of Pennsylvania · 1932
  3. Stiegelmann v. AckmanSupreme Court of Pennsylvania · 1945
  4. Kanawell v. MillerSupreme Court of Pennsylvania · 1918
  5. Leahey v. LeaheySupreme Court of Pennsylvania · 1932

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