Heilig v. Heilig
Superior Court of Pennsylvania
Appeal, No. 37, Oct. T., 1904, by plaintiff, from judgment of C. P. Lancaster Co., April T., 1901, No. 6, on verdict for defendant in case of Leonard P. Heilig et al.-v. Sarah A. Heilig et al. Scire facias sur mortgage. Before Landis, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendants.
1Opinion of the Court
Opinion by
Henderson, J.,
The mortgage sued upon was given by the defendants to Elizabeth Heilig and Jacob R. Heilig, her husband, to secure the payment of 11,200, which sum was to be paid, without interest, five years- after the death of Elizabeth and Jacob R. Heilig, “share and share alike, to the legal heirs of the said Elizabeth and Jacob R. Heilig,” and was regularly recorded. The execution and recording of it are prima facie evidence of delivery: Kille v. Ege et al., 79 Pa. 15; Ingles v. Ingles, 150 Pa. 397. The persons beneficially interested in the mortgage were the “ legal heirs of the…
2Cases cited9 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Love v. FrancisMichigan Supreme Court · 1886
- Northwestern Masonic Aid Ass'n v. JonesSupreme Court of Pennsylvania · 1893
- Ingles v. InglesSupreme Court of Pennsylvania · 1892
- Tarr v. RobinsonSupreme Court of Pennsylvania · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Roop v. GreenfieldSupreme Court of Pennsylvania · 1945
- Fenner Estate, Pennsylvania Court of Common Pleas, Monroe County1977
- Neeld's EstatePennsylvania Orphans' Court, Philadelphia County · 1940
- Paul's EstatePennsylvania Orphans' Court, Philadelphia County · 1921