Brown v. McCullough
Superior Court of Pennsylvania
Appeals, Nos. 200 and 201, Oct. T., 1914, by defendants, from decree of C. P. No. 3, Phila. Co., March T., 1911, No. 4,712, on bill in equity in case of John Wilson Brown, Jr., v. Sarah J. McCullough, Martha E. Taylor, The Mack Paving Company, The Tradesmen’s Trust. Company and the City of Philadelphia. Bill in equity for subrogation.
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Appeals, Nos. 200 and 201, Oct. T., 1914, by defendants, from decree of C. P. No. 3, Phila. Co., March T., 1911, No. 4,712, on bill in equity in case of John Wilson Brown, Jr., v. Sarah J. McCullough, Martha E. Taylor, The Mack Paving Company, The Tradesmen’s Trust. Company and the City of Philadelphia. Bill in equity for subrogation. McMichael, J., filed the following opinion: In order to have a complete understanding of this case the statement of the material facts is necessary. Matthew McCullough was the owner of several tracts of land situated in Germantown, described in the bill. He died…
1Opinion of the Court
Opinion by
Kephabt, J.,
The opinion of the learned president judge of the court below, which will be found in the report of this case, fully sustains appellee’s- right to subrogation. The appellee agreed at the argument that the decree should be modified so as to subordinate his claim to the lien of the Manayunk National Bank. It is within appellee’s *114right to have the decree so modified. “The plaintiff may at the hearing obviate an objection for want of a particular party by waiving the relief he is entitled to against that party:” Daniels’ Chancery Practice, p. 293; Story’s Eq. Pleading, sec.…
2Cases cited3 opinions
- Douglass's AppealSupreme Court of Pennsylvania · 1864
- Huston's AppealSupreme Court of Pennsylvania · 1872
- Budd v. OlverSupreme Court of Pennsylvania · 1892
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