Fisler v. Reach
Supreme Court of Pennsylvania
Appeal, No. 160, Jan. T., 1901, by plaintiffs, from order of C. P. No. 1, Pbila. Co., Sept. T., 1900, No. 1181, making absolute a rule to strike off warrant of attorney, and to stay proceedings in case of Jacob G. Fisler to use of Mary S. Leech and David C. Leech, Surviving Trustees under will of William. F. Leech, v. A. J. Reach and Benjamin F. Shibe. Rule to strike off warrant of attorney.
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Appeal, No. 160, Jan. T., 1901, by plaintiffs, from order of C. P. No. 1, Pbila. Co., Sept. T., 1900, No. 1181, making absolute a rule to strike off warrant of attorney, and to stay proceedings in case of Jacob G. Fisler to use of Mary S. Leech and David C. Leech, Surviving Trustees under will of William. F. Leech, v. A. J. Reach and Benjamin F. Shibe. Rule to strike off warrant of attorney. From tbe record it appeared that on April 1, 1890, Jacob G. Fisler, with S. N. Brognard and George E. Cummings, executed to Mary S. Leech, Henry S. Leech, and David C. Leech, trustees under the will of…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Fisler mortgaged a tract of land to Leech, the appellant, and afterwards conveyed the land to Reach, the appellee, “ under and subject to ” the payment of the mortgage debt. Judgment was obtained on the mortgage, and the iand was sold by the sheriff for a sum insufficient to pay the mortgage debt. This action was brought in the name of Fisler to the use of Leech to recover the deficiency from the grantee, Reach. It was brought with the knowledge and consent of Fisler, who after-wards parted with whatever interest he had in the action. The plaintiff’s attorney was…
2Cases cited2 opinions
- Old Colony Trust Co. v. Allentown & Bethlehem Rapid Transit Co.Supreme Court of Pennsylvania · 1899
- Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1896
3Cited by5 opinions
- Tritten's EstateSupreme Court of Pennsylvania · 1913
- Gianakaris v. HinesSupreme Court of Pennsylvania · 1922
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911
- Moore v. Steinman Hardware Co., Pennsylvania Court of Common Pleas, Lancaster County1934
- Supreme Pretzel Co. v. Superior-Supreme Pretzel Co., Pennsylvania Court of Common Pleas, Berks County1934