Brumbach v. McLean
Supreme Court of Pennsylvania
Appeal, No. 62, Jan. T., 1900, by William F. Kitchin, from order of C. P. Berks Co., May T., 1896, No. 45, discharging rule to mark judgment to use of W. F. Kitchin and to stay execution in case of Mary C. Brumbach, now to the use of John Swavely v. James B. McLean, administrator of Adam Johnson, deceased. Rule to mark judgment to use of W. F. Kitchin and to stay execution. The facts appear'by the opinion of the Supreme Court.
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Appeal, No. 62, Jan. T., 1900, by William F. Kitchin, from order of C. P. Berks Co., May T., 1896, No. 45, discharging rule to mark judgment to use of W. F. Kitchin and to stay execution in case of Mary C. Brumbach, now to the use of John Swavely v. James B. McLean, administrator of Adam Johnson, deceased. Rule to mark judgment to use of W. F. Kitchin and to stay execution. The facts appear'by the opinion of the Supreme Court. Error assigned was the order discharging the rule. The assignee of a mortgage takes it discharged of the equities of persons not parties to it of which he has no…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The contention here is between two claimants to a mortgage, both claiming title from the same source, the appellant under a written assignment from E. C. Kitchin, a former owner, and the appellee under one from him by parol. On November 19, 1869, Adam Johnson, of Amity township, Berks county, executed and delivered to Mabry C. Brumbach, as trustee for his wife Mary, a mortgage on.land in said township, to secure the payment of $2,300 at his death, without interest. Mrs. Johnson died before her husband, having made her will, of which she appointed Brumbach the…
2Cases cited2 opinions
- Kellogg v. . SmithNew York Court of Appeals · 1862
- Brumbach ex rel. Swavely v. McLeanSupreme Court of Pennsylvania · 1898
3Cited by1 opinion
- Best v. Galloway (In Re Best)United States Bankruptcy Court, E.D. Pennsylvania · 2009