Kinley v. Hill
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Delaware county, in a scire facias on a mortgage, brought by Hugh Kinley, assignee of the Western Bank, assignee of William Griffith and Abraham Hibbard, Jun., executors of Thomas Griffith, deceased, against George W. Hill, trustee of Hannah S. Hill, Peter Hill and Hannah S., his wife, with notice to Charles Sellers, eldest son and heir-at-law of Coleman Sellers, deceased; late trustee of Hannah S. Hill.
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ERROR to the Common Pleas of Delaware county, in a scire facias on a mortgage, brought by Hugh Kinley, assignee of the Western Bank, assignee of William Griffith and Abraham Hibbard, Jun., executors of Thomas Griffith, deceased, against George W. Hill, trustee of Hannah S. Hill, Peter Hill and Hannah S., his wife, with notice to Charles Sellers, eldest son and heir-at-law of Coleman Sellers, deceased; late trustee of Hannah S. Hill. A verdict and judgment were rendered for the defendants in the court below. On the trial the plaintiff read in evidence a mortgage from Coleman Sellers and Hannah…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— By an indenture, dated the 21st of December 1829, Nathan Sellers and wife conveyed certain real estate therein described to Coleman Sellers, in trust for the separate use of Hannah Hill, the wife of Peter Hill. Afterwards, viz: on or about the 30th of June 1832, the trustee, on behalf of the cestui que trust, purchased other real estate from Thomas Griffith, and to secure the purchase money, gave the mortgage in suit, and at the same time executed a bond, to be a lien only on the mortgaged premises, signed by himself as trustee. Thomas…
2Cited by7 opinions
- Hoffman v. RyanWest Virginia Supreme Court · 1883
- Weir v. Potter Title & Mortgage Guarantee Co.Supreme Court of Pennsylvania · 1936
- Hammond v. BarkerSupreme Court of New Hampshire · 1881
- Marshall v. KleinSuperior Court of Pennsylvania · 1929
- Gossin v. BrownSupreme Court of Pennsylvania · 1849
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