Smith v. Markland
Supreme Court of Pennsylvania
Appeal, No. 36, Jan. T., 1908,'by defendants, from decree of C. P. No. 3, Phila. Co., Sept. T.-, 1904, No. 1,394, on bill in equity in case of Fannie M. Smith, executrix of the will of Uselma C. Smith, and in her own right, Robert M. Smith et al. v. Mary Markland and the West End Trust Company, trustee under the will of John Atkinson, deceased, Charles A. McCaulley et al. Bill in equity to cancel a deed.
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Appeal, No. 36, Jan. T., 1908,'by defendants, from decree of C. P. No. 3, Phila. Co., Sept. T.-, 1904, No. 1,394, on bill in equity in case of Fannie M. Smith, executrix of the will of Uselma C. Smith, and in her own right, Robert M. Smith et al. v. Mary Markland and the West End Trust Company, trustee under the will of John Atkinson, deceased, Charles A. McCaulley et al. Bill in equity to cancel a deed. McMichael, P. J., found the facts to be as follows: 1. The case was heard by me upon final hearing upon bill, answers and proofs. The plaintiffs were Fanny M. Smith, the widow of Uselma C.…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The inevitable finding in this case was that the deed from Fanny M. Smith, executrix and widow, to Mary Markland was a forgery. How it was perpetrated by Skinner and how, in his ingeniously fraudulent scheme to deceive a number of persons, he succeeded in imposing upon the appellant, the West End Trust Company, the worthless mortgage of the grantee named in the forged deed clearly appear in the finding of facts, each one of which was based upon competent evidence. As a result of these findings the court below correctly concluded that the appellees were entitled to…
2Cases cited2 opinions
- Mitchell v. KintzerSupreme Court of Pennsylvania · 1847
- Michener v. CavenderSupreme Court of Pennsylvania · 1861
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- Steel v. SnyderSupreme Court of Pennsylvania · 1928
- Cragin's EstateSupreme Court of Pennsylvania · 1922
- Lewis v. MerrymanSupreme Court of Pennsylvania · 1921
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