Volk v. Eaton
Supreme Court of Pennsylvania
Appeal, No. 198, Oct. T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. Term, 1900, No. 334, on verdict for plaintiff in case of Bernard Volk, Jr., now for use of Frank C. Hough, v. John Eaton, Executor of S. L. Johnson. Scire facias sur mortgage. At the trial by agreement of counsel, the verdict for plaintiff was taken subject to question of law reserved. After argument judgment was entered on the verdict.
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Appeal, No. 198, Oct. T., 1907, by defendant, from judgment of C. P. No. 2, Allegheny Co., Oct. Term, 1900, No. 334, on verdict for plaintiff in case of Bernard Volk, Jr., now for use of Frank C. Hough, v. John Eaton, Executor of S. L. Johnson. Scire facias sur mortgage. At the trial by agreement of counsel, the verdict for plaintiff was taken subject to question of law reserved. After argument judgment was entered on the verdict. The facts are stated in the opinion of the Supreme Court. Error assigned was in entering judgment on the verdict.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The facts in this case are not in dispute and ho oral testimony was taken at the trial. Hence the rights of the parties must be determined by the facts as they appear in the recprd. The deed from Butterfield to Morozowics, while dated December 13, 1898, was not acknowledged until December 20, 1898, and was recorded March 9, 1899. This deed contained the following recital: “ Subject, however, to $594 of a certain mortgage given by Frank Butterfield with its interest from July 13, 1898.” The Butterfield mortgage to which this recital clearly refers was recorded…
2Cases cited1 opinion
- Jennings v. BloomfieldSupreme Court of Pennsylvania · 1901
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