Williams v. Kerr
Supreme Court of Pennsylvania
Appeal, No. 181, Oct. T., 1892, by defendants, William C. Kérr and C. M. C. Harper, trading as Kerr & Harper, and Oscar E. Kreuger, from decree of O. P. No. 2, Allegheny Co., Oct. T., 1891, No. 529, in bill in equity by Joseph D. Williams and wife. Bill in equity for reconveyance of land.
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Appeal, No. 181, Oct. T., 1892, by defendants, William C. Kérr and C. M. C. Harper, trading as Kerr & Harper, and Oscar E. Kreuger, from decree of O. P. No. 2, Allegheny Co., Oct. T., 1891, No. 529, in bill in equity by Joseph D. Williams and wife. Bill in equity for reconveyance of land. The case was referred to James M. Cook, Esq., as master, who found the facts to be as follows: “ That Mary A. Williams was the owner in fee and in possession of the herein described piece of ground; and that she, with her husband Joseph Di Williams, hy deed of date, July 2, 1890, acknowledged same day and…
1Opinion of the Court
Opinion by
Mr. Justice Heydbick,
The findings of the master are fully warranted by the evidence. Indeed, he might have found from the testimony of the appellants and that of their witness, Taylor, that they procured the deed to be obtained by falsely holding out to the plaintiffs as an inducement that a foundry and machine shop were to be immediately erected upon the property, which would greatly enhance the value of their remaining land; and that but for the falsehood and deception practiced upon them they would not have accepted the price that was paid them, or made the conveyance upon any…
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