Appeal of Lance
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 1, of Philadelphia countyIn Equity ; Of July Term, 1885, No. 167. This was an appeal by William L. Lance, Jr., from a decree of said court dismissing his bill, wherein the Lehigh and Wilkesbarre Coal Company and the Receivers thereof and Samuel Bonnell, Jr., were defendants.
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Appeal from the Court of Common Pleas No. 1, of Philadelphia countyIn Equity ; Of July Term, 1885, No. 167. This was an appeal by William L. Lance, Jr., from a decree of said court dismissing his bill, wherein the Lehigh and Wilkesbarre Coal Company and the Receivers thereof and Samuel Bonnell, Jr., were defendants. The plaintiff’s bill alleged in substance— 1. That the plaintiff has received permission from the Circuit Court of the United States, for the western district of. Pennsylvania, to bring this suit against the Receivers of the Lehigh and Wilkesbarre Coal Company. 2. That by virtue…
1Opinion of the CourtJustice Gordon
We agree with the Master and the court below that the attempt to change the prima facie character of the deed of Pettibone to Bonnell, and by oral testimony convert it into a mortgage, has not been successful. It may be admitted that there are many things apparent on a critical examination of the evidence which would seem to favor the contention of the appellant, but when the whole body thereof is considered together, such a conclusion is seen to be illusory. To convert a deed, absolute on its face, into a mortgage by parol testimony, such testimony must be clear and specific, of a character…
2Cited by8 opinions
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- Craig v. CraigSupreme Court of Pennsylvania · 1919
- Satterfield v. MaloneU.S. Circuit Court for the District of Western Pennsylvania · 1888
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