Haverford Loan & Building Ass'n v. Fire Ass'n
Supreme Court of Pennsylvania
Appeal, No. 324, Jan. T., 1896, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 794, overruling exceptions to referee’s report. Bill in equity for subrogation. Exceptions to report of Charles Biddle Esq., referee.
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Appeal, No. 324, Jan. T., 1896, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 794, overruling exceptions to referee’s report. Bill in equity for subrogation. Exceptions to report of Charles Biddle Esq., referee. The referee’s findings of fact were as follows: Frances Dougherty, wife of Thomas Dougherty, on December 25, 1880, purchased the property No. 665 North Forty-first street, in the Twenty-fourth ward of the city of Philadelphia, and she created upon the property a purchase money mortgage of $1,600 to the Fire Association of Philadelphia. Being so seized of the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Thomas Dougherty, supposing that under the will of Frances Dougherty he was the owner of the entire premises, mortgaged them to the appellant for $2,200, and the appellant, also supposing him to be owner, loaned him the money, but at his request applied part of it to the payment of a prior mortgage to the fire association, one of defendants. It is now conceded that by the true construction of the will of Frances Dougherty, Thomas was not the owner of the whole, but only of an undivided fifth as tenant in common with his four children. Under these circumstances…
2Cases cited5 opinions
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