Roush v. Herbick
Supreme Court of Pennsylvania
Appeal, No. 173, Oct. T., 1920, by plaintiff, from order of C. P. Allegheny Co., July T., 1919, No. 216, refusing judgment for plaintiff n. o. v., in case of Joseph. C. Roush v. Nicholas Herbrick and Theo. H. Dcehla, trading as Penn Baking Co., and Elevator Construction Co. Issue in proceedings by a purchaser at sheriff’s sale of real estate, to obtain possession. Before Debw, J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant.
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Appeal, No. 173, Oct. T., 1920, by plaintiff, from order of C. P. Allegheny Co., July T., 1919, No. 216, refusing judgment for plaintiff n. o. v., in case of Joseph. C. Roush v. Nicholas Herbrick and Theo. H. Dcehla, trading as Penn Baking Co., and Elevator Construction Co. Issue in proceedings by a purchaser at sheriff’s sale of real estate, to obtain possession. Before Debw, J. The opinion of the Supreme Court states the facts. Verdict and judgment for defendant. Plaintiff appealed. Error assigned, inter alia, was refusal of judgment n. o. v., quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
When Mary Joyce died she was the owner of two properties, one in Braddock, Pennsylvania, which was bringing in a good rental and was subject to a mortgage of $30,000, held by the Union National Bank of Pittsburgh; and the other Nos. 305-309 Penn avenue in the City oí Pittsburgh, which was subject to a first mortgage of $60,000 held by the Fidelity Trust Company, and a second of $30,000 held by said Union National Bank. The two mortgages of $30,000 were security for a single debt of that amount owing by her to the bank.
All the mortgages were overdue and the…
2Cases cited25 opinions
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
- Jenkins v. FowlerSupreme Court of Pennsylvania · 1855
- Bell v. County of AlleghenySupreme Court of Pennsylvania · 1898
- Casciola v. DonatelliSupreme Court of Pennsylvania · 1907
- Mead v. ConroeSupreme Court of Pennsylvania · 1886
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3Cited by10 opinions
- Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
- Orth & Bro. v. Board of EducationSupreme Court of Pennsylvania · 1922
- Hauser v. York Water Co.Supreme Court of Pennsylvania · 1924
- Vetter's EstateSupreme Court of Pennsylvania · 1932
- Gans v. Delaware Terminal Corp.Court of Chancery of Delaware · 1938
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