Morrison v. Warner
Supreme Court of Pennsylvania
Appeal, No. 91, Jan. T., 1900, by terre-tenants, front order of C. P. Warren Co., Dec. T., 1899, No. 25, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of B. G. Morrison, administrator of S. R. Morrison, deceased, now for use of B. G. Morrison, v. W. C. Warner, defendant, Mary E. Shearman and S. P. Shearman, her husband, C. F. Morrison, the South Penn. Oil Company and J. B. Cable, terre-tenants.
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Appeal, No. 91, Jan. T., 1900, by terre-tenants, front order of C. P. Warren Co., Dec. T., 1899, No. 25, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of B. G. Morrison, administrator of S. R. Morrison, deceased, now for use of B. G. Morrison, v. W. C. Warner, defendant, Mary E. Shearman and S. P. Shearman, her husband, C. F. Morrison, the South Penn. Oil Company and J. B. Cable, terre-tenants. Rule for judgment for want of a sufficient affidavit of defense. The facts sufficiently appear in the opinion of the Supreme Court. Error assigned was in…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
In August, 1885, plaintiff, B. G. Morrison, as administrator of S. R. Morrison, sold land of his decedent to Warner, in consideration, inter alia, of a mortgage of $10,000 from Warner to plaintiff, as administrator. Six days later Warner sold back the land to plaintiff individually and to C. F. Morrison and Mrs. Shearman, two of the terre-tenants in the present action, subject to the said mortgage which the three purchasers, who were heirs of the decedent, jointly assumed to pay. The present action is a scire facias on the mortgage, by plaintiff, administrator,…
2Cited by4 opinions
- Rafferty v. KleinSupreme Court of Pennsylvania · 1917
- Wilner v. CroyleSuperior Court of Pennsylvania · 1969
- Hofschild v. Hofschild, Pennsylvania Court of Common Pleas, Northampton County1974
- Walbridge's EstatePennsylvania Orphans' Court, Philadelphia County · 1933