Harper's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity : No. 258, to January Term 1870. On the 12th of April 1867, Hannah Gubbings and James Gubbings, executors, &c., of John Gubbings, deceased, and others, devisees and heirs of said deceased, filed a bill against James Harper.
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Appeal from the decree of the Court of Common Pleas of Philadelphia: In Equity : No. 258, to January Term 1870. On the 12th of April 1867, Hannah Gubbings and James Gubbings, executors, &c., of John Gubbings, deceased, and others, devisees and heirs of said deceased, filed a bill against James Harper. The bill set out:— 1. That John Gubbings was in March 1858 the owner of two messuages, &c., and a lot of ground in Philadelphia, subject to a mortgage of $1500, and that the property was worth $12,000. 2. That the premises being about to be sold by the sheriff, he applied to the defendant for a…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— Accepting the opinion of the court below as th»e report of a master upon the evidence, we see no plain mistake in the conclusion at which they arrived, that the agreement of March 19th 1858 was cotemporaneous with the deed of March 18th 1858, from Gubbings and wife to Harper. Without very clear and persuasive evidence that the sale was an absolute one, and the agreement to reconvey a subsequent, distinct and independent contract, we must treat the transaction as a mortgage. Such, undoubtedly, is the result of the authorities in this…
2Cases cited3 opinions
- Colwell v. WoodsSupreme Court of Pennsylvania · 1834
- Gregg v. PattersonSupreme Court of Pennsylvania · 1844
- Givens v. M'CalmontSupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- In Re Union Meeting PartnersUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
- Herman v. PepperSupreme Court of Pennsylvania · 1932
- McCollum v. Braddock Trust Co.Supreme Court of Pennsylvania · 1938
- Kinports v. BoyntonSupreme Court of Pennsylvania · 1888
- Watson v. WatsonSupreme Court of Pennsylvania · 1901
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