Svenson v. Rohrer
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1903'; by plaintiff, from decree of C. P. Lancaster Co., Equity Docket No. 4, page 19, dismissing bill in equity in case of Mary C. Svenson v. Howard Rohrer. Bill in equity for reconveyance of real estate. Landis, P. J., found facts as follows: FINDINGS OF FACT The plaintiff resides in the county of Lancaster, and the defendant in the city of Lancaster, and both of them have there resided for a number of years.
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Appeal, No. 103, Jan. T., 1903'; by plaintiff, from decree of C. P. Lancaster Co., Equity Docket No. 4, page 19, dismissing bill in equity in case of Mary C. Svenson v. Howard Rohrer. Bill in equity for reconveyance of real estate. Landis, P. J., found facts as follows: FINDINGS OF FACT The plaintiff resides in the county of Lancaster, and the defendant in the city of Lancaster, and both of them have there resided for a number of years. The plaintiff was the owner of a tract of land, situated in Providence township, containing thirty-four acres and ninety-seven perches, and upon it is erected…
1Opinion of the Court
Per Curiam,
'The agreement between the parties as appears from its face is for a reconveyance of property conveyed by plaintiff to defendant as security for the payment of money. Under such contracts time though specified is not regarded in equity as of the essence. We pass by as unnecessary to consider in the present case, the effect of the act of 1881. But even in equity the pledgee is not bound to wait indefinitely and may call upon the pledgor to redeem in a reasonable time. What is a reasonable time may be fixed by the parties or by a court of equity. In the present case the parties…
2Cited by1 opinion
- King's EstateSupreme Court of Pennsylvania · 1906