Grove v. Kase
Supreme Court of Pennsylvania
Appeal, No. 248, Jan. T., 1899, by plaintiff, from decree of C. P. Lebanon Co., dismissing bill in equity in case of Jacob H. Grove v. Emma G. Kase. Bill in equity for a reconveyance. Tlie facts appear by tlie opinion of McPherson, P. J., specially presiding, wbieb was as follows: This ease was heard upon bill, answer, replication and testimony. We find the facts to be as follows : 1. Tlie plaintiff and defendant are brother and sister.
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Appeal, No. 248, Jan. T., 1899, by plaintiff, from decree of C. P. Lebanon Co., dismissing bill in equity in case of Jacob H. Grove v. Emma G. Kase. Bill in equity for a reconveyance. Tlie facts appear by tlie opinion of McPherson, P. J., specially presiding, wbieb was as follows: This ease was heard upon bill, answer, replication and testimony. We find the facts to be as follows : 1. Tlie plaintiff and defendant are brother and sister. They inherited a considerable estate from their father, Elias Grove, who died in February, 1890; among other property, the undivided interest in coal lands…
1Opinion of the Court
Per Curiam,
Plaintiff conveyed to defendant by deed absolute, duly acknowledged and recorded, and now files this bill for an account and reconveyance, on the ground that the deed was really upon a trust that defendant would apply the royalties from the land conveyed, to the repayment of plaintiff’s debt to her for money then due and for such as she might thereafter pay as surety.
This transaction viewed, even as plaintiff himself presents it, was clearly a parol defeasance which the Act of June 8, 1881, P. L. 84, made ineffectual to reduce a deed absolute to a mortgage.
But appellant now seeks…
2Cases cited1 opinion
- Barry v. HillSupreme Court of Pennsylvania · 1895
3Cited by12 opinions
- Stauffer v. StaufferSupreme Court of Pennsylvania · 1976
- Metzger v. MetzgerSupreme Court of Pennsylvania · 1940
- Iscovitz v. FildermanSupreme Court of Pennsylvania · 1939
- North American Co. v. St. Louis &. S. F. R.District Court, E.D. Missouri · 1922
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
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