Brown v. Thompson
Supreme Court of Pennsylvania
Appeal, No. 83, July T., 1892, by defendant, Jennie E. Thompson, from order of C. P. Cumberland Co., Feb. T., 1889, No. 38, making absolute rule to strike off release of lien by plaintiff, J. B. Brown, administrator of Thomas Sharp, guardian. Rule to strike off release of lien. From the record and proofs it appeared that Matthew Thompson, by his will, appointed Thomas Sharp guardian of his grandchildren Blanche and Joseph Kelso.
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Appeal, No. 83, July T., 1892, by defendant, Jennie E. Thompson, from order of C. P. Cumberland Co., Feb. T., 1889, No. 38, making absolute rule to strike off release of lien by plaintiff, J. B. Brown, administrator of Thomas Sharp, guardian. Rule to strike off release of lien. From the record and proofs it appeared that Matthew Thompson, by his will, appointed Thomas Sharp guardian of his grandchildren Blanche and Joseph Kelso. To secure payment of the legacies to the minor children, the guardian took a judgment bond in his own name as guardian from Thomas J. Gill and Jennie E. Thompson. The…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The appellant is one of the obligors in the bond, and though she says in her petition that the debt was Gill’s and not hers, yet the facts are so meagrely stated, that we do not know whether she was one of the borrowers of the money or merely a surety, or whether she gave any consideration for the release or not. It does not affirmatively appear therefore that she is entitled to relief on the merits, and technically the case is clearly against her. Judgment was entered on the bond by Brown as administrator of the obligee. In strictness, the bond being given to…
2Cases cited1 opinion
- Harner's AppealSupreme Court of Pennsylvania · 1880