Legal Opinion

Mullison's Estate

Supreme Court of Pennsylvania

Decided March 30, 1871PublishedCited by 4 opinions

March 17th 1871. Before Thompson, O. J., Read, Agnew and Sharswood, JJ. 'Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Philadelphia: No. 158, to July Term 1870. In the matter of the distribution of the proceeds of the sheriff’s sale of the real estate of John R. Mullison.

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March 17th 1871. Before Thompson, O. J., Read, Agnew and Sharswood, JJ. 'Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Philadelphia: No. 158, to July Term 1870. In the matter of the distribution of the proceeds of the sheriff’s sale of the real estate of John R. Mullison. The money was produced by a venditioni exponas to December Term 1869, issued by George Williams against Mullison, under which a lot of ground on which were erected five buildings was sold; the money-paid into court was $5231.68, and George D. Budd, Esq., was appointed auditor to…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

When the five mortgages bearing date September 21st 1868 were executed by John R. Mullison in favor of Thomas J. Butterworth, without consideration, but for the purpose of being subsequently sold to raise money upon for the use of the mortgagor, Butterworth held them merely as a trustee for Mullison, bound to dispose of them according to his direction. There was no agreement by Butterworth to advance the money, and even if there had been a positive undertaking by him to sell the mortgages and hold the proceeds for Mullison’s use, it would…

2Cases cited1 opinion

  1. Parke v. SmithSupreme Court of Pennsylvania · 1842

3Cited by4 opinions

  1. Cancilla v. BondySupreme Court of Pennsylvania · 1945
  2. Land Title & Trust Co. v. ShoemakerSupreme Court of Pennsylvania · 1917
  3. First Trust Co. v. Philadelphia Pure Rye Whiskey Distilling Co.Supreme Court of Pennsylvania · 1937
  4. First National Bank v. GerliSupreme Court of Pennsylvania · 1911

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