Legal Opinion

Power v. Grogan

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 68PublishedCited by 30 opinions

Appeal, No. 68, Jan. T., 1911, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1906, No. 2,280, on verdict for defendant in case of William J. Power, receiver of the real and personal estate of John Loughran, deceased, v. Catherine Grogan. Ejectment to try the title to house and lot at northeast corner of Fifteenth and Catherine streets, Philadelphia. Before McMichael, P. J. John Loughran died May 3, 1890, leaving a widow, Bridget, but no surviving issue.

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Appeal, No. 68, Jan. T., 1911, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1906, No. 2,280, on verdict for defendant in case of William J. Power, receiver of the real and personal estate of John Loughran, deceased, v. Catherine Grogan. Ejectment to try the title to house and lot at northeast corner of Fifteenth and Catherine streets, Philadelphia. Before McMichael, P. J. John Loughran died May 3, 1890, leaving a widow, Bridget, but no surviving issue. By his will he gave to her, after payment of debts and various legacies, all of his residuary estate “for life, it being…

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The plaintiff was appointed receiver by the orphans’, court and brought this action of ejectment in that capacity. Since, for reasons which will be hereinafter stated, the case must be retried, before considering the several formal assignments of error, we shall first dispose of the question of the right of the orphans’ court to appoint and authorize a receiver to institute and prosecute such an action, and determine, in this respect, how the action should be proceeded with in the court below.

“The appointment of a receiver is a remedy of purely equitable…

2Cases cited18 opinions

  1. Estate of TysonSupreme Court of Pennsylvania · 1899
  2. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
  3. McHugh v. McHughSupreme Court of Pennsylvania · 1898
  4. Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910
  5. Garman v. GlassSupreme Court of Pennsylvania · 1900

13 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Williams' EstateSupreme Court of Pennsylvania · 1912
  2. Hendrickson EstateSupreme Court of Pennsylvania · 1957
  3. Brothers v. Girard National BankSupreme Court of Pennsylvania · 1915
  4. State v. OakesSupreme Court of Vermont · 1971
  5. Commonwealth v. WhiteSupreme Court of Pennsylvania · 1972

25 more not listed; retrieve them via the Exa API.

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