Benson & West v. Maxwell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of J£rie county: Of July Term, 1883, No. 142. Ejectment, by Sarah E. Maxwell against William Benson and Chester West, for a house and lot of ground in the borough of Waterford, Erie county. On the trial, before Galbratth, P. J., the following facts appeared: Both parties claimed through Sheldon Maxwell, deceased.
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Error to the Court of Common Pleas of J£rie county: Of July Term, 1883, No. 142. Ejectment, by Sarah E. Maxwell against William Benson and Chester West, for a house and lot of ground in the borough of Waterford, Erie county. On the trial, before Galbratth, P. J., the following facts appeared: Both parties claimed through Sheldon Maxwell, deceased. On April 1,1870, Sheldon Maxwell being indebted to his wife, the plaintiff, in a sum exceeding $1,200, gave her his promissory note for $1,562, payable one day after date. At that time Sheldon Maxwell was indebted to the defendants and to other…
1Opinion of the CourtChief Justice Mercur
The plaintiffs in error attack the validity of a deed executed by Sheldon Maxwell to his son John. The jury have found that it was executed in good faith, and for a valuable consideration to secure the payment of a debt due from the vendor to his wife.
It is now claimed by plaintiffs in error that the court erred in not declaring the conveyance, under the evidence, was not a mortgage. They, however, are in no condition to assert that fact. In their fifth point they requested the court to charge that “it was not in the nature nor character of a mortgage.” The court having substantially complied…
2Cases cited1 opinion
- Williams v. CarrSupreme Court of Pennsylvania · 1829
3Cited by7 opinions
- Davis v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1939
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
- Hoffman v. Bloomsburg etc. R.Supreme Court of Pennsylvania · 1891
- Gnagey v. Pennsylvania Threshermen & Farmers' Mutual Casualty InsuranceSupreme Court of Pennsylvania · 1938
- Guernsey v. FroudeSuperior Court of Pennsylvania · 1900
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