Wheeler v. Equitable Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 389, Jan. T., 1907, by plaintiff, from judgment of C. P. No. 5, Phila. Co., March T., 1901, No. 309, on verdict for-defendant in case of Susan Earnum Wheeler, Executrix of the last Will and Testament of Charles Wheeler, deceased, v. The Equitable Trust Company. Assumpsit on a policy of title insurance.
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Appeal, No. 389, Jan. T., 1907, by plaintiff, from judgment of C. P. No. 5, Phila. Co., March T., 1901, No. 309, on verdict for-defendant in case of Susan Earnum Wheeler, Executrix of the last Will and Testament of Charles Wheeler, deceased, v. The Equitable Trust Company. Assumpsit on a policy of title insurance. The facts appear by the opinion of the Supreme Court, and by the previous report of the case in 206 Pa. 428. At the trial the plaintiff made the following offer : Mr. Johnson: I am willing that the case shall be tried upon the acceptance of fact that at the time the mortgage was…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
A brief statement of the uncontroverted facts in this case will show that the learned trial judge was right in directing a verdict for the defendant.
John I). Pharaoh borrowed $50,000 from the plaintiff, for which he gave his judgment note, dated May 25, 1898. At the same time and as of the same date he executed and delivered to plaintiff, as collateral security for the payment of the principal and interest of the note, a bond and mortgage for $61,500 upon seventeen yearly ground rents, issuing and payable out of seventeen lots of ground in the city of…
2Cases cited1 opinion
- Wheeler v. Equitable Trust Co.Supreme Court of Pennsylvania · 1903
3Cited by8 opinions
- Diversified Mortgage Investors v. U. S. Life Title Insurance Company of New YorkCourt of Appeals for the Second Circuit · 1976
- Karl v. Commonwealth Land Title InsuranceCalifornia Court of Appeal · 1993
- Green v. Evesham Corp.New Jersey Superior Court Appellate Division · 1981
- Fox Chase Bank v. Wayne Junction Trust Co.Supreme Court of Pennsylvania · 1917
- Scott v. Penn Title Insurance, Pennsylvania Court of Common Pleas, Berks County1956
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