McDonough v. Barnes
Superior Court of Pennsylvania
Appeal, No. 154, April T., 1921, by T. C. Barnes, from order of C. P. Allegheny County, July T., 1920, discharging rule to show cause why money should not be paid into court in the case of T. Milner McDonough, now for the use of John A. Meighan, Jr., v. George Barnes, with notice to John J. Gordon, Terre Tenant, and T. C. Barnes. Scire facias sur mortgage.
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Appeal, No. 154, April T., 1921, by T. C. Barnes, from order of C. P. Allegheny County, July T., 1920, discharging rule to show cause why money should not be paid into court in the case of T. Milner McDonough, now for the use of John A. Meighan, Jr., v. George Barnes, with notice to John J. Gordon, Terre Tenant, and T. C. Barnes. Scire facias sur mortgage. Before Macfarlane, J. Rule to show cause why money should not be paid into court and plaintiff be ordered to assign judgment to petitioner. The facts are stated in the opinion of the Superior Court. The court discharged the rule. T. C.…
1Opinion of the Court
Opinion by
Trexler, J.,
A mortgage was given by George Barnes now deceased, on September 9,1882. In 1907 he conveyed the property covered by the mortgage to Mary C. Barnes. She in turn, January 5, 1920, conveyed to Jennie W. Barnes, and she, March 15, 1920, to John J. Gordon. On the 29th of June, 1920, Meighan, the use-plaintiff, the holder of the mortgage, caused a scire facias to issue and secured judgment thereon December 20, 1920. On January 15, 1921, T. C. Barnes the appellant, presented his petition to the court praying for a stay of execution, for subrogation, and for the assignment of…
2Cases cited3 opinions
- Hopkins Manufacturing Co. v. KettererSupreme Court of Pennsylvania · 1912
- Wunderle v. EllisSupreme Court of Pennsylvania · 1905
- Dollar Savings Bank v. DuffSupreme Court of Pennsylvania · 1920