Fesmire v. Shannon
Supreme Court of Pennsylvania
No. 97 January Term 1891, Sup. Ct.; court below, No. 44 June Term 1886, C. P. On April 6, 1886, Peter Fesmire, Ephraim Magargal and Josiah Kerper, executors of the will of Peter Fesmire, deceased, as assignees of Benjamin Brown, administrator, etc., brought scire facias against James Shannon, with notice to William Hazel Wilson, terre-tenant, upon a mortgage executed by the defendant Shannon in favor of Samuel Brown.
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No. 97 January Term 1891, Sup. Ct.; court below, No. 44 June Term 1886, C. P. On April 6, 1886, Peter Fesmire, Ephraim Magargal and Josiah Kerper, executors of the will of Peter Fesmire, deceased, as assignees of Benjamin Brown, administrator, etc., brought scire facias against James Shannon, with notice to William Hazel Wilson, terre-tenant, upon a mortgage executed by the defendant Shannon in favor of Samuel Brown. Before trial, Josiah Kerper was dismissed by the Orphans’ Court of Montgomery county from the office of executor, and, by amendment made at the trial, his name was stricken from…
1Opinion of the Court
Opinion,
Mr. Justice Green:
This was a scire facias on a mortgage given by the defendant Shannon to one Samuel Brown on April 1, 1871, to secure the payment of $2,500. Brown having died, his administrator, on June 19, 1875, assigned and transferred the mortgage to Josiah Kerper, Peter Fesmire and Ephraim Magargal, executors, etc., of Peter Fesmire, deceased. For reasons satisfactory to themselves, the custody and possession of the mortgage papers was entrusted to Kerper, one of the executors, who collected the interest as it fell due, until April 1, 1882, at which time the mortgagor paid the…
2Cases cited10 opinions
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