Hays v. Hays
Supreme Court of Pennsylvania
Appeal, No. 177, Oct. T., 1895, by defendants from decree of C. P. No. 8, Allegheny Co., Aug. T., 1892, No. 181, on bill in equity. Bill in equity for the cancelation of a mortgage.
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Appeal, No. 177, Oct. T., 1895, by defendants from decree of C. P. No. 8, Allegheny Co., Aug. T., 1892, No. 181, on bill in equity. Bill in equity for the cancelation of a mortgage. The facts appear by the opinion of the Supreme Court, and the opinion of the lower court, by Kennedy, P. J., which was as follows: This bill is filed for the purpose of having decreed null and void a certain mortgage dated December 15,1877, and recorded in the recorder’s office of Allegheny county, May 16, 1892, in mortgage book, vol. 618, p. 445, conveying property known as 41 Chatham street, in the city of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The complainant’s bill states the original transaction as a gift of the house by her husband to her for life, and her own testimony, as well as that of her husband, agrees with the averments of the bill, that after her death the property was to go to the appellant, Harry J. Plays. But the bill further states her objection that at the time of the conveyance she was induced to sign a paper by the representation of her husband that it was a deed of trust, “ intended to keep the property in his own family after her death and secure the transmission of the title to…
2Cited by3 opinions
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