Legal Opinion

Safe Deposit & Trust Co. v. Kelly

Supreme Court of Pennsylvania

Decided December 30, 1893No. Appeal, Nos. 171 and 172PublishedCited by 5 opinions

Appeal, Nos. 171 and 172, Oct. T., 1893, by plaintiff, éxeeutor of Ann Sheehan, deceased, from judgment of C. P. No. 2, Allegheny Co., July T., 1892, Nos. 15 and 16, on verdict for defendant, James M. Kelly. Sci. fa. on mortgage and assumpsit on accompanying bond. At the trial, before White, J.,l it appeared that defendant was indebted to his mother-in-law, Ann Sheehan, on a bond and mortgage.

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Appeal, Nos. 171 and 172, Oct. T., 1893, by plaintiff, éxeeutor of Ann Sheehan, deceased, from judgment of C. P. No. 2, Allegheny Co., July T., 1892, Nos. 15 and 16, on verdict for defendant, James M. Kelly. Sci. fa. on mortgage and assumpsit on accompanying bond. At the trial, before White, J.,l it appeared that defendant was indebted to his mother-in-law, Ann Sheehan, on a bond and mortgage. Some time prior to Mrs. Sheehan’s death, defendant was instrumental in saving her a large sum of money, by warning her of the insolvency of a bank in which she had the money deposited. On May 25, 1886,…

1Opinion of the Court

Opinion by

Mr. Justice Gbeen,

These cases were tried in the court below in exact conformity with the decision of this court in the case of Fleming v. Parry, 24 Pa. 47. The leading facts in that case were almost precisely similar to the leading facts of this. In both there was a mortgage and a bond given by the mortgagor to the mortgagee. In both the mortgagee executed on the record of the mortgage an acknowledgment of satisfaction in full of the mortgage. In both the mortgagee retained possession of the mortgage and also of the bond until death. In both the actions were brought by the legal…

2Cases cited1 opinion

  1. Fleming v. ParrySupreme Court of Pennsylvania · 1854

3Cited by5 opinions

  1. Neale v. DempsterSupreme Court of Pennsylvania · 1897
  2. Lansford Building & Loan Ass'n v. SheerinSupreme Court of Pennsylvania · 1937
  3. In re Estate of EvanovichSupreme Court of Pennsylvania · 1979
  4. Winters v. WolfskillSuperior Court of Pennsylvania · 1936
  5. Lowry's EstatePennsylvania Orphans' Court, Allegheny County · 1938

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