Plumer v. Guthrie
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clarion county: No. 14, to October and November Term 1873. This was an ejectment brought January 28th 1870 by Margaret Plumer against James W. Guthrie for three tracts of land, and a large number of town-lots.
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Error to the Court of Common Pleas of Clarion county: No. 14, to October and November Term 1873. This was an ejectment brought January 28th 1870 by Margaret Plumer against James W. Guthrie for three tracts of land, and a large number of town-lots. The case was tried August 28th 1872, before Jenks, P. J. ■ On the trial it appeared as follows:— The land had belonged to the defendant and on the 25th of July 1849, he executed a mortgage on the whole of it to the trustees of the estate of William Bingham, deceased, to secure the payment of $16,500. A scire facias was issued on this mortgage by…
1Opinion of the CourtJustice Mercur
That a deed, absolute on its face, may be shown by parol to be a mortgage only, between the parties, is too well established to require a citation of authorities. The proof, however, of the agreement necessary to so change its character must be clear, explicit *456and unequivocal. It should not rest on the subsequent admissions and declarations of the alleged mortgagee only, but must establish an agreement substantially contemporaneous with the execution and delivery of the deed. Less than this would not only conflict with the rules of evidence which prescribe the manner in which a written…
2Cited by6 opinions
- Staib v. HayesSupreme Court of Pennsylvania · 1889
- Rohbock v. McCargoSuperior Court of Pennsylvania · 1897
- Reeder v. Trullinger & Co.Supreme Court of Pennsylvania · 1892
- Burr v. KaseSupreme Court of Pennsylvania · 1895
- Pearson v. SharpSupreme Court of Pennsylvania · 1887
1 more not listed; retrieve them via the Exa API.