Legal Opinion

Helping Hand Building & Loan Ass'n v. Buss

Superior Court of Pennsylvania

Decided April 23, 1900No. Appeal, No. 230PublishedCited by 1 opinion

Appeal, No. 230, April Term, 1899, by Patrick White, terre-tenant, from judgment _of C. P. Warren Co., March T., 1898, No. 61, on verdict for plaintiff. Opinion by W. D. Porter, J. Sci. fa. sur mortgage.

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Appeal, No. 230, April Term, 1899, by Patrick White, terre-tenant, from judgment _of C. P. Warren Co., March T., 1898, No. 61, on verdict for plaintiff. Opinion by W. D. Porter, J. Sci. fa. sur mortgage. It appears from the evidence that Buss and wife joined in a mortgage to the plaintiff for the payment of $1,000, about August 25, 1888, and assigned therefor five shares of building association stock, and had paid on account of the principal of said mortgage $240 up to June, 1892, when the premises were assigned to the terre-tenant. There was evidence tending to show that prior to the…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

This was a proceeding by scire facias upon a mortgage, and Patrick White, terre-tenant, defended upon the ground that he had paid to plaintiff the full amount which its duly authorized officers had represented to be owing upon the mortgage at the time he (White) purchased the land, and that upon the faith of the representations of said officers he had settled with his grantor and paid the balance of the purchase money. White produced evidence which can scarcely be said to be contradicted, that at the time he purchased the land of Buss, the mortgagor, the secretary…

2Cases cited6 opinions

  1. Brooke v. New York, Lake Erie, & Western R. R.Supreme Court of Pennsylvania · 1885
  2. Erthal v. GlueckSuperior Court of Pennsylvania · 1899
  3. Kelsey v. National Bank of Crawford Co.Supreme Court of Pennsylvania · 1871
  4. Johnston v. Elizabeth Building & Loan Ass'nSupreme Court of Pennsylvania · 1883
  5. Weaver v. CraigheadSupreme Court of Pennsylvania · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Constructors' Ass'n v. FurmanSuperior Court of Pennsylvania · 1952

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