Wallace v. Smith
Supreme Court of Pennsylvania
Appeal, No. 256, Oct. T., 1892, by plaintiff, John Wallace, from decree of C. P. No. 1, Allegheny Co., dismissing plaintiff’s bill against Robert Smith and John Rynd. Bill to have deed declared a mortgage.
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Appeal, No. 256, Oct. T., 1892, by plaintiff, John Wallace, from decree of C. P. No. 1, Allegheny Co., dismissing plaintiff’s bill against Robert Smith and John Rynd. Bill to have deed declared a mortgage. The facts are found as follows by the report of tbe master: “ The bill sets forth in substance: (1) That on the 5th day of April, 1880, the complainant was the owner of a tract of land in McCandless township, containing fifty-nine acres and one hundred and fifty-four and one fourth perches, strict measure. (2) That complainant, on the 5th day of April, 1880, conveyed the said tract of land…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
This case originated in transactions between the plaintiff and John Ilynd, one of the defendants, prior to June 3, 1881, and hence it is not affected by provisions of the act approved on that day. Nothing was then better settled by a long line of decisions than that a conveyance of land, intended to operate mereiy as a security for money, was, in effect, a mortgage, not only as between the parties themselves, but also as to those who had notice of the transaction: Guthrie v. Kahle, 46 Pa. 331; MeClurkan v. Thompson, 69 Pa. 305. The reason why such a deed,…
2Cases cited6 opinions
- Rowand v. FinneySupreme Court of Pennsylvania · 1880
- Huoncker v. MerkeySupreme Court of Pennsylvania · 1883
- Null v. FriesSupreme Court of Pennsylvania · 1885
- Guthrie v. KahleSupreme Court of Pennsylvania · 1864
- Hartley's AppealSupreme Court of Pennsylvania · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McGuin v. LeeNorth Dakota Supreme Court · 1901
- Talley v. EastlandCourt of Appeals of Kentucky (pre-1976) · 1935
- Smyser's EstateYork County Orphans' Court · 1944