Fessler's Appeal
Supreme Court of Pennsylvania
Appeals from the Court of Common Pleas of Gamer on county: In Equity : No. 282 and 447, to January Term 1872. On the 6th of May 1867, Henry W. May filed a bill against P. G. Fessler, N. C. Harri% A. H. Spaulding, C. Hunsicker, George Perry, David McOraney and Samuel McOraney.
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Appeals from the Court of Common Pleas of Gamer on county: In Equity : No. 282 and 447, to January Term 1872. On the 6th of May 1867, Henry W. May filed a bill against P. G. Fessler, N. C. Harri% A. H. Spaulding, C. Hunsicker, George Perry, David McOraney and Samuel McOraney. The bill set out:— 1. Plaintiff on September 11th 1863 owned a tract of timber land on Loshbaugh run, in Cameron county, being part of a tracl; warranted to William Willink, containing about 600 acres, which tract he owned under an agreement with L. A. Mackey and D. Carskaddon, and on the contract he owed to his vendors…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Agnew, C. J.
The clear and methodical report of the master saves us the necessity of discussing many of the questions raised by the numerous assignments of error. These appeals are from the same decree, and we shall notice a few leading points which will govern the decision. The principal question arises upon the agreement between Henry W. May and Philip G. Eessler, dated September 11th 1863. That this paper is a mortgage of May’s equitable interest in the land is very clear. Its terms are express. After- reciting that May held the land…
2Cases cited3 opinions
- Union Canal Co. v. YoungSupreme Court of Pennsylvania · 1836
- Lowry v. MehaffySupreme Court of Pennsylvania · 1840
- Johnson's Administrator v. KellyOhio Supreme Court · 1883
3Cited by4 opinions
- Kinports v. BoyntonSupreme Court of Pennsylvania · 1888
- Reeder v. Trullinger & Co.Supreme Court of Pennsylvania · 1892
- Rose Valley Borough v. Rose Valley Acres, Pennsylvania Court of Common Pleas, Delaware County1937
- Glen Manufacturing Co. v. GlatfelterSuperior Court of Pennsylvania · 1926