Stayton v. Graham
Supreme Court of Pennsylvania
APPEAL BY PLAINTIPP PNOM THE COURT OP COMMON PLEAS OE BUTLER COUNTY. No. 172 October Term 1890, Sup. Ct.; court below, No. 108 June Term 1879, C. P. On March 10, 1879, a scire facias sur mortgage was issued by E. R. Stayton, for use of W. W. Martin, now for use q' George S. Bryan, against Dr. Samuel Graham and Elean/ Graham.
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APPEAL BY PLAINTIPP PNOM THE COURT OP COMMON PLEAS OE BUTLER COUNTY. No. 172 October Term 1890, Sup. Ct.; court below, No. 108 June Term 1879, C. P. On March 10, 1879, a scire facias sur mortgage was issued by E. R. Stayton, for use of W. W. Martin, now for use q' George S. Bryan, against Dr. Samuel Graham and Elean/ Graham. On March 29th, W. H. H. Riddle and Alexander Mitchell, on affidavit of defence filed, were permitted to intervene and defend as terre-tenants of a portion of the premises bound by the mortgage. On April 24th, judgment was tendered by the defendants for §6,551, the amount…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
A brief outline of the facts is necessary to a proper understanding of the questions involved in this case.
In February, 1876, Dr. Graham and wife executed a mortgage for $7,000 in favor of the legal plaintiff, E. R. Stayton, who assigned the same to W. W. Martin, who subsequently assigned the same to George S. Bryan, whose executor now appears as beneficial plaintiff. Shortly afterwards, part of the mortgaged premises was levied on and sold by the sheriff, on an execution against Dr. Graham, one of the mortgagors. The mortgage having matured in 1879, a scire…
2Cases cited3 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Stayton ex rel. Bryan v. RiddleSupreme Court of Pennsylvania · 1886
3Cited by6 opinions
- Fried v. FisherSupreme Court of Pennsylvania · 1937
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Gilbert v. OttersonSupreme Court of Pennsylvania · 1988
- Burgess v. California Mutual Building & Loan Ass'nCalifornia Supreme Court · 1930
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
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