Legal Opinion

McCully v. McCrary

Supreme Court of Pennsylvania

Decided March 7, 1921No. Appeal, No. 178PublishedCited by 4 opinions

Appeal, No. 178, Jan. T., 1921, by defendants, from decree of C. P. No. 3, Phila. Co., Dec. T., 1919, No. 2301, on bill in equity in case of John E. McCully, administrator of Annie Monroe, deceased, v. Sims McCrary and Virginia McCrary, bis wife. Bill in equity for tbe cancellation of a deed alleged to bave been forged. Before Davis, J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court entered a decree in accordance with tbe prayers of tbe bill.

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Appeal, No. 178, Jan. T., 1921, by defendants, from decree of C. P. No. 3, Phila. Co., Dec. T., 1919, No. 2301, on bill in equity in case of John E. McCully, administrator of Annie Monroe, deceased, v. Sims McCrary and Virginia McCrary, bis wife. Bill in equity for tbe cancellation of a deed alleged to bave been forged. Before Davis, J. Tbe opinion of tbe Supreme Court states tbe facts. Tbe court entered a decree in accordance with tbe prayers of tbe bill. Defendants appealed. Error assigned, among others, was decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Chief Justice Moschzisker,

Plaintiff, John E. McCully, administrator of Annie Monroe, deceased, filed a bill in equity praying for the cancellation of a deed, which purported to be a conveyance by decedent to defendant, Sims McCrary, for two certain pieces of real estate in the city of Philadelphia; a decree was entered accordingly, against defendant and his wife, Virginia, and they have appealed.

The court below found the following facts: Annie Monroe died intestate, unmarried and without issue, on May 30, 1919; plaintiff was appointed administrator of her estate, on August 21,…

2Cases cited1 opinion

  1. Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910

3Cited by4 opinions

  1. Atlas Portland Cement Co. v. American Brick & Clay Co.Supreme Court of Pennsylvania · 1924
  2. Saxman v. McCormickSupreme Court of Pennsylvania · 1923
  3. Schwartz v. WesokySupreme Court of Pennsylvania · 1924
  4. Divine v. Skrotsky, Pennsylvania Court of Common Pleas, Schuylkill County1926

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