Mathews v. Stephenson
Supreme Court of Pennsylvania
In error from the Common Pleas of Mercer county. Oct. 7. It appeared from the special verdict that William Ste plicnson, by deed dated October 20, 1840, reciting that his son Thomas had become unable to pay his debts and support his family, and the desire of William to procure him employment for that purpose, and secure to his children born, and to be born, a portion of the grantor’s estate, conveyed to Oliver Stephenson, his heirs and assigns, a house and lot in Mercer, in…
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In error from the Common Pleas of Mercer county. Oct. 7. It appeared from the special verdict that William Ste plicnson, by deed dated October 20, 1840, reciting that his son Thomas had become unable to pay his debts and support his family, and the desire of William to procure him employment for that purpose, and secure to his children born, and to be born, a portion of the grantor’s estate, conveyed to Oliver Stephenson, his heirs and assigns, a house and lot in Mercer, in trust for the use of the children of Thomas, viz. Margaret and Samuel, and such other children of said Thomas as should…
1Opinion of the CourtCoulter, J.
Equity is part and parcel of the law of the state. The courts will therefore adopt chancery rules to prevent a failure of justice; and when the common-law forms are inadequate to do justice, the courts may, in order to reach the equity of a case, so mould and adapt their forms to the circumstances, as to accomplish that purpose; Jordan v. Cooper, 3 Serg. & Rawle, 578. Many instances in our judicial history might be enumerated, both in the adaptation of the declaration and pleas, and also in the form of the judgment; but they will readily occur to the mind of the practitioner in the…
2Cases cited2 opinions
- Holdship v. PattersonSupreme Court of Pennsylvania · 1838
- Jordan v. CooperSupreme Court of Pennsylvania · 1817
3Cited by5 opinions
- Woddrop v. WeedSupreme Court of Pennsylvania · 1893
- DeRoy v. RichardsSuperior Court of Pennsylvania · 1898
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911
- Philadelphia Saving Fund Society v. Commonwealth Trust Co., Pennsylvania Court of Common Pleas, Alleghany County1941
- Shipp v. DoughertySupreme Court of Pennsylvania · 1940