Richards v. Walp
Supreme Court of Pennsylvania
Appeal, No. 259, Jan. T., 1907, by defendant, from order of- C. P. Luzerne Co., Oct. T., 1903, No. 1,039; refusing to take off nonsuit in' case of John T. Richards, Administrator of the Estate of Eliza Balliet, deceased, v. Hiram Walp, E. G. Tacy and Wilson Houseknecht. Scire facias sur mortgage. Before Ferris, J. The opinion, of the Supreme Court states the facts. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 259, Jan. T., 1907, by defendant, from order of- C. P. Luzerne Co., Oct. T., 1903, No. 1,039; refusing to take off nonsuit in' case of John T. Richards, Administrator of the Estate of Eliza Balliet, deceased, v. Hiram Walp, E. G. Tacy and Wilson Houseknecht. Scire facias sur mortgage. Before Ferris, J. The opinion, of the Supreme Court states the facts. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The question raised by this appeal is whether the proofs presented at the trial were sufficient to rebut the presumption of payment arising from the lapse of time. The proceeding was on a mortgage to collect two installments of pur*414chase money of $933.33 each, one clue in 1876 and the other in 1877. The mortgage also secured the payment of $1,000 on the death of a widow who had a dower interest, but who was living when the scire facias issued in 1903.
The testimony relied upon to rebut the presumption of payment was that in 1886 the mortgagor, after the death of the…
2Cases cited4 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Beale's Executors v. Kirk's AdministratorSupreme Court of Pennsylvania · 1877
- Sellers v. HolmanSupreme Court of Pennsylvania · 1853
3Cited by18 opinions
- Gilbraith's EstateSupreme Court of Pennsylvania · 1921
- Flaccus v. WoodSupreme Court of Pennsylvania · 1918
- Witten v. StoutSupreme Court of Pennsylvania · 1925
- Brown v. McCurdySupreme Court of Pennsylvania · 1923
- Schmalz v. Manufacturers & Traders Trust Co.Superior Court of Pennsylvania · 2013
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