Legal Opinion

Merriman v. Munson

Supreme Court of Pennsylvania

Decided April 7, 1890No. 253PublishedCited by 7 opinions

APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OF LYCOMING COUNTY. No. 253 January Term 1890, Sup. Ct.; court below, No. 1 March Term 1887, C. P. in Equity.

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APPEAL BY PLAINTIEE EROM THE COURT OE COMMON PLEAS OF LYCOMING COUNTY. No. 253 January Term 1890, Sup. Ct.; court below, No. 1 March Term 1887, C. P. in Equity. On December 3, 1886, Cyrus M. Merriman filed a bill in equity against C. LaRue Munson, averring that on December 9, 1884, the plaintiff, without consideration, conveyed to the defendant, by a deed absolute on its face, a largé amount of real and personal property, the defendant making a parol promise to pay all the plaintiff’s debts, pay him |50 per week for his support, and at his death to distribute said property and the accretions…

1Opinion of the Court

Per Curiam :

The opinion of the learned judge below is so full and satisfactory that little remains to be added. It is a mistake to suppose, as was argued by the learned counsel for the appellant, that the latter takes no benefit under the deed of trust. On the contrary, he has the benefit of a house and a support so long as his conduct is such that he may properly reside with his wife and children. If this bill had alleged that he had been improperly and without cause excluded from the house occupied by them, and from the benefits and comforts thereof, we would have had an entirely different…

2Cited by7 opinions

  1. King v. York Trust Co.Supreme Court of Pennsylvania · 1923
  2. Patrick v. SmithSuperior Court of Pennsylvania · 1896
  3. Long v. Tradesmens Natl. B. T. Co.Superior Court of Pennsylvania · 1932
  4. Willard v. Integrity Trust Co.Supreme Court of Pennsylvania · 1922
  5. Sayler v. WalterSuperior Court of Pennsylvania · 1906

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