Zentmyer v. Zentmyer
Superior Court of Pennsylvania
Appeal, No. 109, Oct. T., 1917, by plaintiff, from order of O. P. Huntingdon Co., Sept. T., 1907, No. 34, dismissing exceptions to auditor’s report in case of P. B. Zentmyer y. John Zentmyer. Scire facias to revive a mortgage. By agreement of the parties the disputed questions were submitted to It. W. Williamson, Esq., as auditor. The facts are stated in the opinion of the Superior Court. Error assigned was in dismissing exceptions to auditor’s report.
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Appeal, No. 109, Oct. T., 1917, by plaintiff, from order of O. P. Huntingdon Co., Sept. T., 1907, No. 34, dismissing exceptions to auditor’s report in case of P. B. Zentmyer y. John Zentmyer. Scire facias to revive a mortgage. By agreement of the parties the disputed questions were submitted to It. W. Williamson, Esq., as auditor. The facts are stated in the opinion of the Superior Court. Error assigned was in dismissing exceptions to auditor’s report. The parol evidence was incompetent to sustain the auditor’s findings: Baker v. Flick, 200 Pa. 13; Kaufmann v. Friday, 201 Pa. 178; Becker v.…
1Opinion of the Court
Opinion by
Kephart, J.,
John Zentmyer, the appellee, lived with his parents in Porter Township, Huntingdon County. From them he bought a valuable farm against which several judgments were entered. On June 1, 1899, the appellant, Porter Zentmyer, a brother, on John’s behalf liquidated these judgments and secured from John his note for $5,698.26, *498■which was duly entered. Porter, anxious to secure a settlement of his note, arranged a meeting with his brother at the office of Squire Isenberg in Huntingdon, on September 12, 1900. John, after some discussion, agreed to sell his farm to Porter. A…
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