Legal Opinion

Carney v. Carney

Supreme Court of Pennsylvania

Decided May 14, 1900No. Appeal, No. 194PublishedCited by 16 opinions

Appeal, No. 194, Jan. T., 1899, by-defendant from decree of C. P. Lackawanna Co., March T., 1896, No. 6, on bill in equity in case of John Carney v. Michael Carney, Jr. Bill in equity to declare void a voluntary deed, and for a conveyance. The facts appear by the opinion of the Supreme Court. The court in an opinion by Gunstek, J., entered a decree in accordance with the prayers of the bill. Error assigned was the decree of the court.

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Appeal, No. 194, Jan. T., 1899, by-defendant from decree of C. P. Lackawanna Co., March T., 1896, No. 6, on bill in equity in case of John Carney v. Michael Carney, Jr. Bill in equity to declare void a voluntary deed, and for a conveyance. The facts appear by the opinion of the Supreme Court. The court in an opinion by Gunstek, J., entered a decree in accordance with the prayers of the bill. Error assigned was the decree of the court. In case of parent and child, transactions may be avoided because of influence unduly exerted by the one who is more dependent upon the other. No presumptions of…

1Opinion of the Court

'Opinion by

Mr. Chief Justice Green,

• The proceeding in this case was a bill in equity to avoid a deedfor a small piece of property consisting of a house and lot situated in the city of Scranton, and worth according to the testimony about $1,500 to $2,000. The deed was made by Michael Carney, Sr., to Ids son Michael Carney, Jr. After the death of the father the other son of the grantor in the deed, and brother to the defendant, filed this bill to have the deed made by his father to his brother declared null and void upon the ground that it was obtained by fraud and undue influence, and was…

2Cases cited5 opinions

  1. Worrall's AppealSupreme Court of Pennsylvania · 1885
  2. Rynd v. BakerSupreme Court of Pennsylvania · 1899
  3. Crothers v. CrothersSupreme Court of Pennsylvania · 1892
  4. Doran v. McConlogueSupreme Court of Pennsylvania · 1892
  5. Knowlson v. FlemingSupreme Court of Pennsylvania · 1894

3Cited by16 opinions

  1. Leedom v. PalmerSupreme Court of Pennsylvania · 1922
  2. Yeager's EstateSupreme Court of Pennsylvania · 1922
  3. Northern Trust Co. v. HuberSupreme Court of Pennsylvania · 1922
  4. Thorndell v. MunnSupreme Court of Pennsylvania · 1929
  5. Hand's EstateSupreme Court of Pennsylvania · 1934

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