Wilson v. Shoenberger's Executors
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county. This was an ejectment, originally brought by Dr. Peter Shoenberger (at whose decease his executors were substituted as plaintiffs), against Gen. Andrew P. Wilson and others, for the property known as the Juniata Forge, and adjacent lands, containing about 7000 acres.
Read the full summary
Error to the Common Pleas of Huntingdon county. This was an ejectment, originally brought by Dr. Peter Shoenberger (at whose decease his executors were substituted as plaintiffs), against Gen. Andrew P. Wilson and others, for the property known as the Juniata Forge, and adjacent lands, containing about 7000 acres. Both parties claimed title under Edwin F. Shoenberger, who was the undisputed owner of the premises, on the 14th May 1849. On that day, he executed a deed, conveying the premises in fee, to Andrew P. Wilson, one of the defendants, subject to a continuing encumbrance of $10,000, the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
That Edwin F. Shoeneberger was the owner of Juniata Forge and its adjacent lands on the 14th May 1849, is a conceded point.
The ruling question in the cause is — indeed it is the only question that merits any consideration — did he on that day sell and *299convey his title absolutely or conditionally to Gen. Wilson for a valuable consideration, or must the deed he made, when taken' in connection with the accompanying papers, be treated as a mortgage?
This question the court below met fairly, and ruled it distinctly. They held the conveyance, the…
2Cited by14 opinions
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- McIntyre v. VelteSupreme Court of Pennsylvania · 1893
- Malamut v. HainesDistrict Court, M.D. Pennsylvania · 1943
- Philadelphia Co. for Guaranteeing Mortgages v. Guaranty Realty Co.Superior Court of Pennsylvania · 1922
9 more not listed; retrieve them via the Exa API.