Union Trust Co. ex rel. Wakefield v. Hugus
Supreme Court of Pennsylvania
Appeal, No. 155, Oct. T., 1916, by H. S. Swartz, from order of C. P. Allegheny Co., Apr. T., 1916, No. 53, refusing to set aside a sheriff’s sale and to open a judgment, in ease of Union Trust Company of Pittsburgh for use of James A. Wakefield v. Harry G. Hugus. Petition for rule to set aside a sheriff’s sale and open a judgment. The opinion of the Supreme Court states the facts. The court dismissed the petition. H. S. Swartz appealed. was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Appellant, an owner of real estate, appeals from a decree dismissing a petition to set aside a sheriff’s sale and open a judgment entered on a bond accompanying a mortgage on the premises given by a former owner of the property.
The facts of the case, as they appear from the petition and answer, are not disputed. The bond and mortgage in question were given June 21,1911, by Harry G. Hugus to the Union Trust Company of Pittsburgh to secure the payment of $20,000. The mortgage covered 134 lots and contained a provision reserving to the mortgagor and his assignees the…
2Cases cited4 opinions
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Appeals of the Forest Oil Co.Supreme Court of Pennsylvania · 1888
- Hall v. ApplebeeSupreme Court of Pennsylvania · 1889
- Beddow v. DewittSupreme Court of Pennsylvania · 1862
3Cited by2 opinions
- Reilly v. City Deposit Bank & Trust Co.Supreme Court of Pennsylvania · 1936
- Mihevc v. Gerchman, Pennsylvania Court of Common Pleas, Susquehanna County1931