Brumbach ex rel. Swavely v. McLean
Supreme Court of Pennsylvania
Appeal, No. 337, Jan. T., 1897, by defendant, from order of C. P. Berks Co., May Term, 1896, No. 45, discharging rule to mark judgment to use of William F. Kitehin. Rule to mark judgment to use of William F. Kitehin, and to stay execution. Before Endlich, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 337, Jan. T., 1897, by defendant, from order of C. P. Berks Co., May Term, 1896, No. 45, discharging rule to mark judgment to use of William F. Kitehin. Rule to mark judgment to use of William F. Kitehin, and to stay execution. Before Endlich, J. The facts appear by the opinion of the Supreme Court. At the trial defendant in the interpleader offered to prove by Dr. E. C. Kitehin, under whom both parties to this issue claim title to the mortgage in suit, that he and Jeremiah Weaver borrowed $2,000 from one John Swavely, not the plaintiff in this issue, nor in any way related to or…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Adam Johnson executed and delivered to Mabry C. Brumbach, as trustee for his wife, Mary, a mortgage on land in Amity township, Berks county; it was conditioned for the payment of $2,300 at his death, without interest. The wife died before the husband, having first made a will, bequeathing the mortgage to her trustee, Mabry C. Brumbach, of which will she appointed him executor. On January 29,1874, Brumbach assigned the mortgage, for a valuable consideration, to Dr. E. C. Kitchin, his heirs and assigns, which assignment was duly recorded February 6, 1874. On October…
2Cases cited2 opinions
- Roth's EstateSupreme Court of Pennsylvania · 1892
- M. Darragh & Co. ex rel. Darragh v. StevensonSupreme Court of Pennsylvania · 1898
3Cited by5 opinions
- Rudy v. MytonSuperior Court of Pennsylvania · 1902
- Proper v. CampbellSuperior Court of Pennsylvania · 1900
- Brumbach v. McLeanSupreme Court of Pennsylvania · 1900
- Kline v. EdwardsSuperior Court of Pennsylvania · 1919
- Metal Products Co. v. Levine, Pennsylvania Court of Common Pleas, Beaver County1921