Appeal of Cessna
Supreme Court of Pennsylvania
Appeal from a decree of tbe Common Pleas of Bedford County distributing tbe proceeds of a sheriffs sale of real estate. Tbe facts as they appeared before John P. Reed, Esq., tbe auditor appointed to make distribution, were stated in bis report which, in so fax as it related to tbe question presented by this appeal, were as follows: Daniel Cessna, trustee, had recorded in tbe recorder’s office for Bedford county, in Mortgage Book “F,” pp. 350 — 353, a mortgage against tbe…
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Appeal from a decree of tbe Common Pleas of Bedford County distributing tbe proceeds of a sheriffs sale of real estate. Tbe facts as they appeared before John P. Reed, Esq., tbe auditor appointed to make distribution, were stated in bis report which, in so fax as it related to tbe question presented by this appeal, were as follows: Daniel Cessna, trustee, had recorded in tbe recorder’s office for Bedford county, in Mortgage Book “F,” pp. 350 — 353, a mortgage against tbe Everett Glass Company for tbe sum of $5,000, dated July 14, 1885, on tbe 16th. The mortgage conveyed to said trustee a…
1Opinion of the Court
OpiNioN by
Me. Justice Teunxey:
The mortgage was executed on July 14, 1885, to Daniel Cessna, trustee, who had no interest in it, and who assigned the whole ■of it to the persons who loaned the money to the mortgagor. John Cessna, president of the corporation, was the active party in procuring the loan, and the auditor finds that he “was not attorney for the Franklin & Marshall College, or any of the others taking parts of the mortgage,” but he induced them to take the same. The last assignment was made August 22, 1885, to John A. Gump.
After the sheriff’s sale Daniel Cessna purchased the claim…
2Cases cited1 opinion
- Armstrong v. HallowellSupreme Court of Pennsylvania · 1860
3Cited by6 opinions
- Boblitz v. BoblitzCourt of Appeals of Maryland · 1983
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Delmont Mechanical Services, Inc. v. Kenver Corp.Superior Court of Pennsylvania · 1996
- Watson v. GerenDistrict Court, E.D. New York · 2007
- Anderson, WalterCourt of Appeals of Texas · 2016
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