John E. Leonard's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Chester county: Of July Term 1878, No. 81. Appeal of John É. Leonard from the decree of the court confirming the report of the auditor in the matter of the petition of Lewis Davis.
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Appeal from the Court of Common Pleas of Chester county: Of July Term 1878, No. 81. Appeal of John É. Leonard from the decree of the court confirming the report of the auditor in the matter of the petition of Lewis Davis. The proceedings in the court below and the facts are set forth in the following portions of the report of the auditor — “John R. Stapleton and wife, on the 12th of August 1869, executed and delivered to Lewis Davis a deed of voluntary assignment in trust for the benefit of creditors. Lewis Davis accepted the trust, and on the 13th day of August filed his petition for the…
1Opinion of the CourtJustice Sterrett
The learned auditor, after careful consideration of the testimony, found that the transaction in April 1871, between the appellant and Rees Davis, as attorney for the assignee, was in reality a payment of the judgment. While this finding of fact was not reversed by the court, it was considered somewhat doubtful and open to controversy whether the transaction was understood by the parties to be a payment or a purchase. We have no means of satisfactorily solving the doubt except by what appears upon the face of the report itself. The testimony on which the auditor based his conclusions is not…
2Cited by6 opinions
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- Devlin v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1939
- Brinser v. AndersonSupreme Court of Pennsylvania · 1888
- Harrison v. Galilee Baptist ChurchSupreme Court of Pennsylvania · 1967
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