Mortland v. Mortland
Supreme Court of Pennsylvania
Appeal, No. 33, Oct. T., 1892, by plaintiffs, Carlyle Mortland et al., fro.m decree of ,C. P. Butler Co., June T., 1890, No. 2, in equity, dismissing bill in equity, against Susan Mortland et al. Bill in equity for rescission of deed. The bill averred substantially tbe fact stated in tbe opinion of tbe Supreme Court. Tbe answer denied tbe material averments of tbe bill and prayed that tbe bill be dismissed for want of jurisdiction.
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Appeal, No. 33, Oct. T., 1892, by plaintiffs, Carlyle Mortland et al., fro.m decree of ,C. P. Butler Co., June T., 1890, No. 2, in equity, dismissing bill in equity, against Susan Mortland et al. Bill in equity for rescission of deed. The bill averred substantially tbe fact stated in tbe opinion of tbe Supreme Court. Tbe answer denied tbe material averments of tbe bill and prayed that tbe bill be dismissed for want of jurisdiction. Tbe case was referred to W. H. H. Riddle, as master, who reported in favor .of a decree as prayed for in the bill. Exceptions to tbe master’s report were…
1Opinion of the Court
Opinion by
Mr. Justice Heydrick,
The single question presented by the pleadings in this cause is whether the deed of James Mortland and wife to Susan Mort-land was fraudulently executed by Steven MoTtland, as their attorney in fact, through the corrupt procurement of the grantee or her agent. It was therefore a proper subject of equity jurisdiction. By the 39th section of the act of June 13, 1840, the *596equity jurisdiction of the court of common pleas of the city and county of Philadelphia was “ extended to all cases arising in said city and county over which courts of chancery entertain…
2Cases cited6 opinions
- Appeal of the Brush Electric Co.Supreme Court of Pennsylvania · 1887
- Bierbower's AppealSupreme Court of Pennsylvania · 1884
- Hershey v. WeitingSupreme Court of Pennsylvania · 1865
- Kirkpatrick v. M'DonaldSupreme Court of Pennsylvania · 1849
- Church v. MooreSupreme Court of Pennsylvania · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
- Clauer v. ClauerSuperior Court of Pennsylvania · 1903
- Wagner v. FehrSupreme Court of Pennsylvania · 1905
- Corbe v. BurkertSuperior Court of Pennsylvania · 1907
- Barnhart v. BrownSuperior Court of Pennsylvania · 1925
1 more not listed; retrieve them via the Exa API.