Legal Opinion

Fidelity Title & Trust Co. v. Chapman

Supreme Court of Pennsylvania

Decided January 3, 1910No. Appeal, No. 39PublishedCited by 17 opinions

Appeal, No. 39, Oct. T., 1909, by-plaintiff, from judgment of C. P. No. 2, Allegheny Co., April T., 1906, No. 327, for defendant non obstante veredicto in case of Fidelity Title & Trust Company, Executor of the last will and testament of John W. Benson, deceased, v. Thomas H. Chapman, Administrator d. b. n. c. t. a. of Ann K. Benson, deceased, with notice to John A. Ganter, terre-tenant. Scire facias sur mortgage.

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Appeal, No. 39, Oct. T., 1909, by-plaintiff, from judgment of C. P. No. 2, Allegheny Co., April T., 1906, No. 327, for defendant non obstante veredicto in case of Fidelity Title & Trust Company, Executor of the last will and testament of John W. Benson, deceased, v. Thomas H. Chapman, Administrator d. b. n. c. t. a. of Ann K. Benson, deceased, with notice to John A. Ganter, terre-tenant. Scire facias sur mortgage. Before Frazer, J. The facts are stated in the opinion of the Supreme Court. At the trial the jury returned a verdict for plaintiff. Subsequently the court entered judgment for…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

On May 26, 1879, Ann K. Benson executed the mortgage in suit. It was given to her son, John W. Benson, to secure to him the payment of $1,000 “within five years from the 1st day of May, 1879, with interest thereon from that day, payable annually.” The mortgagor died January 11, 1883, leaving a will, in which she appointed her said son executor and devised the mortgaged premises to him for life. On August 29, 1883, by a decree of the court of common pleas No. 1 of the county of Allegheny, he was restrained from disposing of or intermeddling with his own estate or…

2Cases cited5 opinions

  1. Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
  2. Reed v. ReedSupreme Court of Pennsylvania · 1863
  3. Peters's AppealSupreme Court of Pennsylvania · 1884
  4. Porter v. Nelson's Exrs.Supreme Court of Pennsylvania · 1888
  5. Beale's Executors v. Kirk's AdministratorSupreme Court of Pennsylvania · 1877

3Cited by17 opinions

  1. Frey's EstateSupreme Court of Pennsylvania · 1941
  2. Grenet's EstateSupreme Court of Pennsylvania · 1938
  3. Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
  4. Corn v. WilsonSupreme Court of Pennsylvania · 1950
  5. Berkshire Land Co. v. Federal Security Co.Court of Appeals for the Third Circuit · 1952

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