Trimble v. Reis
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was a scire facias on a judgment by George Trimble and Jane D. Trimble his wife, for the use o'f said Jane against Henry Reis, John Wilson, and Leopold Sahl. The judgment was recovered on a mortgage given to plaintiffs by Henry Reis, by whom portions of the mortgaged premises had been sold to the other defendants) Sahl and Wilson.
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Error to the District Court of Allegheny county. This was a scire facias on a judgment by George Trimble and Jane D. Trimble his wife, for the use o'f said Jane against Henry Reis, John Wilson, and Leopold Sahl. The judgment was recovered on a mortgage given to plaintiffs by Henry Reis, by whom portions of the mortgaged premises had been sold to the other defendants) Sahl and Wilson. The case was this: On the 25th of March 1846, the widow and heirs of William Peebles deceased conveyed to George Trimble and Jane D. his wife (who was a daughter of said deceased), two tracts of land in Peebles…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
Judging, from the face of the deed from Peeble’s widow and heirs to Trimble and wife, we cannot doubt that it was intended merely as a deed of partition, and that though made to both, it did not change the wife’s title, but only parted it from the shares of her co-heirs, and charged it as it ought to be, in favour of the widow.
Trimble and wife joined in a sale of a part of her share, and took a mortgage to them both to secure the payment of the purchase-money, so declared in the mortgage. Thus the wife’s title ’became changed from realty…
2Cited by5 opinions
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