Kenworthy v. Levi
Supreme Court of Pennsylvania
Appeal, No. 254, Jan. T., 1905, by plaintiff, from decree of C. P. No. 5, Phila. Co., June T., 1903, No. 1,408, dismissing bill in equity in case of Joseph W. Ken-worthy, Substituted Trustee, under Deeds of Trust bearing date July 9, 1889, and August 6, 1889, created by James P. and Mary Bell Henry v. Julius C. Levi, Trustee for Fannie Levi, The Equitable Trust Company, Administrator for the Estate of Moses T. Johnson, deceased, and Samuel C. Adams.
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Appeal, No. 254, Jan. T., 1905, by plaintiff, from decree of C. P. No. 5, Phila. Co., June T., 1903, No. 1,408, dismissing bill in equity in case of Joseph W. Ken-worthy, Substituted Trustee, under Deeds of Trust bearing date July 9, 1889, and August 6, 1889, created by James P. and Mary Bell Henry v. Julius C. Levi, Trustee for Fannie Levi, The Equitable Trust Company, Administrator for the Estate of Moses T. Johnson, deceased, and Samuel C. Adams. Bill in equity to compel the reassignment of a mortgage. Before Davis, J. The facts are stated in the opinion of the Supreme Court. Error…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
On July 9, 1889, Mary Bell Henry and James P. Henry, her husband, conveyed to Moses T. Johnson, in trust, her interest in certain real estate situated in Indiana and the city of Philadelphia. The uses and purposes for which the trustee was to hold ‘the property are fully set forth in the deed conveying it to him, but they need not be recited, as they are not material in determining the question raised on this appeal, which is as to his power to borrow money as trustee and to pledge as security for its repayment a mortgage given to him as trustee. The words of the…
2Cases cited4 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Wood v. SmithSupreme Court of Pennsylvania · 1880
- Fesmire v. ShannonSupreme Court of Pennsylvania · 1891
- Schell v. DepervenSupreme Court of Pennsylvania · 1901
3Cited by5 opinions
- Kenworthy v. Equitable Trust Co.Supreme Court of Pennsylvania · 1907
- Delaware Valley Factors, Inc. v. RoncaSuperior Court of Pennsylvania · 1995
- Odd Fellows Home v. Velenchick Bros.Superior Court of Pennsylvania · 1919
- In Re: Sletten Family Trust,Appeal of: Sletten,K.Superior Court of Pennsylvania · 2023
- Yocum v. Citizens National Bank, Pennsylvania Court of Common Pleas, Mifflin County1937