Houser v. Lamont
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county. This was an action of ejectment brought to August Term 1865, by William C. Houser against Mary Lamont and others for a house and lot in Mechanicsburg.
Read the full summary
Error to the Court of Common Pleas of Cumberland county. This was an action of ejectment brought to August Term 1865, by William C. Houser against Mary Lamont and others for a house and lot in Mechanicsburg. The plaintiff, to maintain the issue on his part, proved the sale of the property as the estate of Edward Lamont, deceased (who, it was admitted, died seised of it), by his administrator, under an order of the Orphans’ Court, for the payment of his debts, to Solomon G-. Bowman for $1875. He also .gave in evidence a deed to Bowman for the property, dated March 18th 1862; also a deed dated…
1Opinion of the Court
The opinion of the court was delivered, November 11th 1867, by
Agnew, J.
— The verdict of the jury under the specific instruction of the learned judge of the Common Pleas establishes that the deed from Bowman to Houser was a mortgage and not a sale. The evidence fully sustains the finding that he accepted it as a security for the money he advanced for the benefit of Miss Lamont. The peculiar and governing feature of the case is, that Bowman, who purchased the premises at the Orphans’ Court sale and had verbally agreed to sell them to Miss Lamont for the same price he paid, did not deny his sale…
2Cases cited3 opinions
- Colwell v. WoodsSupreme Court of Pennsylvania · 1834
- Harrisburg Bank v. TylerSupreme Court of Pennsylvania · 1842
- Hiester v. MaderiaSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- Kalyvas v. KalyvasSupreme Court of Pennsylvania · 1952
- Kauffman v. KauffmanSupreme Court of Pennsylvania · 1920
- Schuster v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1959
- Sferra v. UrlingSupreme Court of Pennsylvania · 1937
- Brown, to Use v. Aiken (Forte)Supreme Court of Pennsylvania · 1937
7 more not listed; retrieve them via the Exa API.