Boswell's Appeal
Pennsylvania Court of Common Pleas, Philadelphia County
Appeal of William L. Boswell from tlie decree of the Court of Common Pleas No. 4 for the County of Philadelphia. Bill in equity between Evan W. Thomas and Martha G., his wife, complainants, and William L. Boswell and Eliza S. Thomas, respondents.
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Appeal of William L. Boswell from tlie decree of the Court of Common Pleas No. 4 for the County of Philadelphia. Bill in equity between Evan W. Thomas and Martha G., his wife, complainants, and William L. Boswell and Eliza S. Thomas, respondents. Separate answers were filed by the respondents, and the cause was referred to Silas W. Pettit as master and examiner, who reported the material facts as follows: In 1864 Evan W. Thomas was seized of an undivided one-half interest, and his sisters, Annie and Eliza S. Thomas, were seized each of an undivided one-fourth interest in a farm called…
1Opinion of the CourtJustice Paxson
A careful examination of this record fails to disclose any substantial error.
The most serious question presented is contained in the fifth assignment, which alleges the Court below erred ‘ ‘ in finding that, by the terms of the agreement of June 3, 1879, the said mortgage was due when the bill was filed.” The agreement expressly stipulates that the said mortgage “shall be taken and considered as now due and owing.” The object of the agreement was to provide for the settlement of certain matters in dispute between the parties, and as a means to this end it was agreed to submit ‘ ‘ to the award…
2Cases cited1 opinion
- Leebrick v. LyterSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- McCommon v. JohnsonSuperior Court of Pennsylvania · 1936