Legal Opinion

Matthaei v. Pownall

Supreme Court of Pennsylvania

Decided March 18, 1912No. Appeal, No. 18PublishedCited by 23 opinions

Appeal, No. 18, Jan. T., 1912, by plaintiff from decree of C. P. Bucks Co., Oct. T., 1910, No. 3, on bill in equity in case of John B. Matthaei et al. v. Elmer E. Pownall. Bill in equity to set aside a deed. Before Staples, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. Error assigned, amongst others, was decree dismissing the bill.

1Opinion of the Court

Opinion by

Me. Justice Moschziskee,

On December 27, 1906, Charles Matthaei, a man seventy-six years old, conveyed in fee-simple to the defendant, Dr. Pownall, who had been for some time his attending physician and medical adviser, a 100-acre farm, which the court found was then worth seven to eight thousand dollars. The consideration mentioned in the deed was seventy-five hundred dollars, but no part of that sum was paid or intended to be paid by the grantee, —the actual consideration being a contemporaneous written contract whereby the grantee agreed to pay Matthaei $400 a year in quarterly…

2Cases cited5 opinions

  1. Greenfield' EstateSupreme Court of Pennsylvania · 1850
  2. Darlington's EstateSupreme Court of Pennsylvania · 1892
  3. Appeal of MiskeySupreme Court of Pennsylvania · 1883
  4. Everhart's AppealSupreme Court of Pennsylvania · 1884
  5. Unruh v. LukensSupreme Court of Pennsylvania · 1895

3Cited by23 opinions

  1. McCown v. FraserSupreme Court of Pennsylvania · 1937
  2. Lochinger v. HanlonSupreme Court of Pennsylvania · 1943
  3. Kees v. GreenSupreme Court of Pennsylvania · 1950
  4. Barrett v. HeinerSupreme Court of Pennsylvania · 1951
  5. Thorndell v. MunnSupreme Court of Pennsylvania · 1929

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