Kraus v. Stein
Supreme Court of Pennsylvania
Appeal, No. 214, Oct. T., 1895, by defendant, from decree of C.P. No. 2, Allegheny Co., July T., 1894, No. 416, on bill in equity. Bill in equity to declare void the satisfaction of a mortgage. From the record it appeared that the mortgage in question was dated October 21, 1889, and was given by Morris Stein to Mary Kapp. The satisfaction of the mortgage was dated April 23, 1894. Mary Kapp died on April 28, 1894, being seventy-two years of age.
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Appeal, No. 214, Oct. T., 1895, by defendant, from decree of C.P. No. 2, Allegheny Co., July T., 1894, No. 416, on bill in equity. Bill in equity to declare void the satisfaction of a mortgage. From the record it appeared that the mortgage in question was dated October 21, 1889, and was given by Morris Stein to Mary Kapp. The satisfaction of the mortgage was dated April 23, 1894. Mary Kapp died on April 28, 1894, being seventy-two years of age. Other facts appear by the opinion of the Supreme Court. The case was heard on bill, answer and proofs by White, J., and a decree was entered declaring…
1Opinion of the Court
Opinion by
Mr. Justice Green,
This proceeding was a bill in equity filed by the plaintiff as executor, etc., of Mary Kapp deceased against Morris Stein, for the purpose of having set aside a certain sealed instrument acknowledging that the plaintiff’s testatrix had received full payment and satisfaction of a mortgage for $2,000 held by helas mortgagee, against the defendant as mortgagor. The instrument in question was duly signed and sealed by the mortgagee and was also acknowledged before a magistrate and recorded. *223The allegations of the bill of the facts upon which the decree to set aside the…
2Cases cited7 opinions
- Cauffman v. LongSupreme Court of Pennsylvania · 1876
- Wilson v. MitchellSupreme Court of Pennsylvania · 1882
- Combs' & Hankinson's AppealSupreme Court of Pennsylvania · 1884
- Eddey's AppealSupreme Court of Pennsylvania · 1885
- Wainwright's AppealSupreme Court of Pennsylvania · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McIntosh v. CondronSuperior Court of Pennsylvania · 1902