Legal Opinion

Hartzell v. Whitmore

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeals, Nos. 25 and 26PublishedCited by 9 opinions

Appeals, Nos. 25 and 26, Oct. T., 1921, by defendants, from decrees of C. P. Clarion Co., May T., 1920, Nos. 5 and 6, on bills in equity, in cases of Lena Hartzell v. A. H. WMtmore and John H. Hartzell v. A. H. WMtmore and J. H. Hable. Bills in equity to declare a trust and to compel a re-conveyance, and an accounting. The opinion of the Supreme Court states the facts. The court entered a decree in accordance with the prayers of the bills. Defendants appealed.

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Appeals, Nos. 25 and 26, Oct. T., 1921, by defendants, from decrees of C. P. Clarion Co., May T., 1920, Nos. 5 and 6, on bills in equity, in cases of Lena Hartzell v. A. H. WMtmore and John H. Hartzell v. A. H. WMtmore and J. H. Hable. Bills in equity to declare a trust and to compel a re-conveyance, and an accounting. The opinion of the Supreme Court states the facts. The court entered a decree in accordance with the prayers of the bills. Defendants appealed. Errors assigned, among others, were decrees, quoting them.

1Opinion of the Court

Opinion by

Mr. Justice Schaefer,

Judgments had been recovered against plaintiffs, Lena Hartzell and John H. Hartzell, mother and son. These judgments were assigned to defendants, who caused executions to issue on them. Two farms, one belonging to the mother and the other to the son, with the personal property thereon, were sold at the resulting sheriff’s sales and purchased by defendants. Subse*577quently these proceedings in equity were instituted by plaintiffs, the object of which was to have defendants declared trustees for complainants of the properties purchased at the sheriff’s sales, to…

2Cases cited1 opinion

  1. Cook v. CookSupreme Court of Pennsylvania · 1871

3Cited by9 opinions

  1. Meredith v. Punxsutawney Nat. BankSupreme Court of Pennsylvania · 1923
  2. Premium Motor Cars, Inc. v. Theisen (In Re Premium Motor Cars, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 2009
  3. Simon v. BeeckSupreme Court of Pennsylvania · 1930
  4. Irwin Savings & Trust Co. v. SannerSuperior Court of Pennsylvania · 1936
  5. Broad & Erie Building & Loan Ass'n v. BernhardSuperior Court of Pennsylvania · 1936

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