Vetter v. Vetter
Superior Court of Pennsylvania
Appeal, No. 140, April T., 1900, by plaintiff, in a suit of Nellie Vetter, executrix and sole legatee of John J. Vetter, who was assignee of John G. Newmeyer, against Henry J. Vetter, Eliza S. Spuhler, Mary A. Maffit and Joseph Beale, terre-tenant, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 624, refusing judgment for want of a sufficient affidavit of defense. Opinion by Beaver, J. Sci. fa. sur mortgage. Before the court in banc.
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Appeal, No. 140, April T., 1900, by plaintiff, in a suit of Nellie Vetter, executrix and sole legatee of John J. Vetter, who was assignee of John G. Newmeyer, against Henry J. Vetter, Eliza S. Spuhler, Mary A. Maffit and Joseph Beale, terre-tenant, from judgment of C. P. No. 2, Allegheny Co., July T., 1899, No. 624, refusing judgment for want of a sufficient affidavit of defense. Opinion by Beaver, J. Sci. fa. sur mortgage. Before the court in banc. It appears from the record and affidavit of defense that: 1. In 1859, John J. Vetter, Sr., died intestate, seized of the property, the subsequent…
1Opinion of the Court
Opinion by
Beaver., J.,
John J. Vetter, the common ancestor of the decedent, whose widow as executrix of his will is the plaintiff in this suit, and three of the defendants — the fourth, claiming title to the mortgaged premises from the latter, being summoned as terre-tenant —died about 1858, leaving to survive him a widow and five children. He was seized at the time of his death of a tract of land described in the mortgage upon which a sci. fa. was issued by the plaintiff and payment is now disputed by the defendants. Under proceedings in partition in the orphans’ court, the land was reported…
2Cases cited6 opinions
- Moore v. Harrisburg BankSupreme Court of Pennsylvania · 1839
- Helmbold v. ManSupreme Court of Pennsylvania · 1839
- Wallace v. BlairSupreme Court of Pennsylvania · 1854
- Duncan v. DrurySupreme Court of Pennsylvania · 1848
- Hollenberger v. Yaukey, Pennsylvania Court of Common Pleas, Franklin County1891
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3Cited by1 opinion
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911