Garrison's Appeal
Supreme Court of Pennsylvania
Appeal by Samuel Garrison from the decree of the Court of Common Pleas of Allegheny county. E. J. Burke, through the agency of James Blakeley, obtained a loan from Samuel Garrison, of $2000, and executed a mortgage on certain property in the Ninth ward, Pittsburgh, to secure the payment thereof. At the time, Burke’s property was encumbered with liens, of which a purchase-money mortgage to Mrs. Elizabeth F. Denny, was the first.
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Appeal by Samuel Garrison from the decree of the Court of Common Pleas of Allegheny county. E. J. Burke, through the agency of James Blakeley, obtained a loan from Samuel Garrison, of $2000, and executed a mortgage on certain property in the Ninth ward, Pittsburgh, to secure the payment thereof. At the time, Burke’s property was encumbered with liens, of which a purchase-money mortgage to Mrs. Elizabeth F. Denny, was the first. Blakeley, as the agent of Garrison, refused to let Burke have the money, unless an arrangement could be made, by which his mortgage should come in next to that of Mrs.…
1Opinion of the Court
The opinion of the court was delivered January 3, 1859, at Philadelphia, by
Strong, J.
— The auditor’s report finds, that Mr. Kerr had two securities for the debt due to him, the mortgage dated January 8, 1853, and the sum of money left in Blakeley’s hands, specifically designated to the discharge of the mortgage. This sum of money was a part of that for which the mortgage to Garrison was given. It had been lent only upon condition, that it should be applied in satisfaction of the debt due to Kerr, and by the agreement of the lender, the borrower, and a judgment creditor, subsequent to the Kerr…
2Cases cited2 opinions
- Marshall v. HoffSupreme Court of Pennsylvania · 1833
- Dietrich's AppealSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Zacharias, Admrs. v. WagnerSuperior Court of Pennsylvania · 1924