Loverin, Hall & Co. ex rel. Gunnison v. Humboldt Safe Deposit & Trust Co. ex rel. Burton
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of JUrie county: Of January Term, 1886, No. 306. This was a feigned issue in which the Humboldt Safe Deposit & Trust Company to the use of John Burton, D. D. Barnes and E. L. Sprague was plaintiff, and Loverin, Hall & Co. to the use of Noble and Hall, to the use of H. B. Plumer now for the use of Frank Gunnison were defendants, to try the validity of a judgment obtained upon a scire facias sur mortgage held by the defendants, and which they…
Read the full summary
Error to the Court of Common Pleas of JUrie county: Of January Term, 1886, No. 306. This was a feigned issue in which the Humboldt Safe Deposit & Trust Company to the use of John Burton, D. D. Barnes and E. L. Sprague was plaintiff, and Loverin, Hall & Co. to the use of Noble and Hall, to the use of H. B. Plumer now for the use of Frank Gunnison were defendants, to try the validity of a judgment obtained upon a scire facias sur mortgage held by the defendants, and which they claimed was the first lien on certain real estate. This the plaintiff, who held a second mortgage on said real estate,…
1Opinion of the CourtJustice Paxson
delivered the of the Court,
This is a very plain case. To state it briefly, it was an attempt to keep alive a mortgage which had been paid by the *10mortgagors, against a subsequent unpaid mortgage given by the same mortgagors upon the same premises. The evidence is uncontradicted that it was the money of Mr. and Mrs. Thompson (the mortgagors) that paid the first mortgage. That the money actually came from Conrad Brown’s estate is of no consequence. It was paid by said estate at the request of Mr. Thompson, with the understanding that such payment would settle a claim which Mr. and Mrs. Thompson…
2Cited by11 opinions
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
- American National Bank of Camden v. KirkSupreme Court of Pennsylvania · 1935
- Weir v. Potter Title & Mortgage Guarantee Co.Supreme Court of Pennsylvania · 1936
- Girard Trust Co. v. BairdSupreme Court of Pennsylvania · 1905
- Fair and Sq. B. L. A. v. Pres. Bd.Supreme Court of Pennsylvania · 1930
6 more not listed; retrieve them via the Exa API.