Herr v. Herr
Supreme Court of Pennsylvania
FROM THE DECREE OE THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 38 July Term 1888, Sup. Ct.; court below, No. 28 October Term 1886, C. P. On October 20, 1886, a proceeding by breve de partitione facienda, wherein A. G. Herr et al. were plaintiffs and John G. IIerr et al. were defendants, had so advanced that an order was then made for the sale of the lands on a date certain, the purchase money to be payable on April 1, 1887. On April 23, 1887, the purchase money having…
Read the full summary
FROM THE DECREE OE THE COURT OE COMMON PLEAS OE LANCASTER COUNTY. No. 38 July Term 1888, Sup. Ct.; court below, No. 28 October Term 1886, C. P. On October 20, 1886, a proceeding by breve de partitione facienda, wherein A. G. Herr et al. were plaintiffs and John G. IIerr et al. were defendants, had so advanced that an order was then made for the sale of the lands on a date certain, the purchase money to be payable on April 1, 1887. On April 23, 1887, the purchase money having been paid into court, Mr. H. O. Brubaker was appointed auditor to report a distribution thereof. By the second report…
1Opinion of the Court
Opinion,
Mu. Justice Williams :
This case depends upon the construction of the receipt or certificate of date of February 21, 1885. It was given by Henry F. Herr to show the terms upon which he held the mortgage for $4,000 given by Benjamin G. Herr to him on the same day. It is as follows: “ Whereas, Benjamin G. Herr has this day delivered to me a mortgage . . . for four thousand dollars ; now this is to certify that I hold said mortgage as collateral security for my indorsement of a note of said Benjamin G. Herr for $1,050, dated this day . . . and for my indorsement of any renewal or renewals…
2Cited by3 opinions
- In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- First Natl. B. Spring Mills v. WalkerSupreme Court of Pennsylvania · 1927
- Life Ass'n of America v. HallSupreme Court of Louisiana · 1881