Binney v. Brown
Supreme Court of Pennsylvania
No. 171 July Term 1887, Sup. Gt.; court below, No. 75 June Term 1884, C. P. No. 3, in equity. In the court below this case' was a bill in equity filed by Morris Brown against William J. Binney, executor of the last will and testament of Horace Binney, Jr., and in his own right; John Binney; Edward V. Lansdale, guardian of Maria T. B. Lansdale; Elizabeth C. Binney; Julia H. Binney and Charles C. Binney; William G. Milliken and Mary M. K. M., his wife; and W. Moylan Lansdale.
Read the full summary
No. 171 July Term 1887, Sup. Gt.; court below, No. 75 June Term 1884, C. P. No. 3, in equity. In the court below this case' was a bill in equity filed by Morris Brown against William J. Binney, executor of the last will and testament of Horace Binney, Jr., and in his own right; John Binney; Edward V. Lansdale, guardian of Maria T. B. Lansdale; Elizabeth C. Binney; Julia H. Binney and Charles C. Binney; William G. Milliken and Mary M. K. M., his wife; and W. Moylan Lansdale. The bill filled July 16, 1884, in substance, averred: There being of record at Philadelphia, in Mortgage-book G. W. C.,…
1Opinion of the Court
Opinion,
Mr. Justice Gordon :
We agree with the learned master that there is nothing in this case to support the plaintiff’s bill. There is neither evidence of actual fraud, nor are the circumstances attending the transaction such as to involve legal fraud. Horace Binney, Jr., together with the recorder, made a mistake for which he might have been held liable had suit been brought against him within the statutory period; but he was chargeable with nothiug but a mistake. Of this the face of the docket itself is indubitable evidence for it indicates precisely what mortgage he intended to satisfy,…
2Cited by3 opinions
- Lehigh Coal & Navigation Co. v. BlakesleeSupreme Court of Pennsylvania · 1899
- Despeaux v. Pennsylvania R. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1898
- Lamazon v. BromschwigLouisiana Court of Appeal · 1920