Legal Opinion

Grubb v. Galloway

Supreme Court of Pennsylvania

Decided June 4, 1902No. Appeal, No. 201PublishedCited by 2 opinions

Appeal, No. 201, Jan. T., 1901, by plaintiffs, from judgment of C. P. Blair Co., Jan. T., 1898, No. 548, in case of Daisy E. B. Grubb et al., Trustees under the Will of Clement B. Grubb, v. Margaret Galloway, Administratrix. Scire facias sur mortgage. Before Bell, P. J. Verdict for plaintiff for $3,380.50, subject to points reserved.

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Appeal, No. 201, Jan. T., 1901, by plaintiffs, from judgment of C. P. Blair Co., Jan. T., 1898, No. 548, in case of Daisy E. B. Grubb et al., Trustees under the Will of Clement B. Grubb, v. Margaret Galloway, Administratrix. Scire facias sur mortgage. Before Bell, P. J. Verdict for plaintiff for $3,380.50, subject to points reserved. On motion for judgment non obstante veredicto, Bell, P. J., filed the following opinion: This was a scire facias on a mortgage, executed by authority of a decree of the orphans’ court of Blair county, by Mrs. Margaret Galloway, administratrix of Joseph D.…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The petition in the orphans’ court averred, affirmatively and specifically, every fact necessary to support the decree authorizing the mortgage, and the decree ivas therefore a judicial ascertainment of the truth of such facts, on which the mortgagee was entitled to rely.

The learned judge below so held in regard to the date of decedent’s death, but drew a distinction as to the debts set up in the schedule to the petition, and held that the latter exhibited such looseness or irregularities as to put the mortgagee upon inquiry as to the actual facts. This…

2Cases cited3 opinions

  1. Smith v. WildmanSupreme Court of Pennsylvania · 1896
  2. Smith v. WildmanSupreme Court of Pennsylvania · 1900
  3. Hemphill v. PrySupreme Court of Pennsylvania · 1898

3Cited by2 opinions

  1. Myers v. CrickSupreme Court of Pennsylvania · 1921
  2. Good v. Updegraff, Pennsylvania Court of Common Pleas, Cumberland County1948

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