Legal Opinion

Fredonia National Bank v. Perrin

Supreme Court of Pennsylvania

Decided November 4, 1895No. Appeals, Nos. 238, 239 and 240PublishedCited by 1 opinion

Appeals, Nos. 238, 239 and 240, Oct. T., 1895, by Truman D. Collins, terre tenant, from judgment of C. P. Forest Co., Feb. T., 1893, Nos. 53, 54 and 58, tried by the court without a jury. Scire facias sur mortgage.

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Appeals, Nos. 238, 239 and 240, Oct. T., 1895, by Truman D. Collins, terre tenant, from judgment of C. P. Forest Co., Feb. T., 1893, Nos. 53, 54 and 58, tried by the court without a jury. Scire facias sur mortgage. Before Noyes, P. J. It appeared at the trial of these three cases that for a few months prior to March 29, 1890, J. A. Waterhouse, H. P. Perrin, H. J. Pemberton and C. C. Camp were the owners of a large tract of oil-producing land in Howe township, Forest county, a part of it held in fee and a part by lease. Waterhouse and Perrin each held one third and Pemberton and Camp each one…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Though the transactions involved in these cases were somewhat complicated, the really essential facts may be stated in brief compass. Waterhouse was the owner of the premises in question, subject to the mortgages now in suit. There appears also to have been a prior mortgage to Pratt and Phillips with which we are not now concerned. In September, 1891, Water-house sold the timber on the mortgaged land to Collins the appellant. The price was paid by check and notes which were deposited by Waterhouse with Green the cashier of the Fredonia National Bank for…

2Cases cited2 opinions

  1. Pratt v. WaterhouseSupreme Court of Pennsylvania · 1893
  2. Fredonia National Bank v. BordenSupreme Court of Pennsylvania · 1895

3Cited by1 opinion

  1. Leyer v. Keal & GeorgeSuperior Court of Pennsylvania · 1927

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