Westmoreland Guarantee Building & Loan Ass'n v. Thomas
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1903, by F. E. McGillick, from order of O. P. No. 3, Allegheny Co., Nov. T., 1901, No. 78, sustaining exceptions to auditor’s report in case of Westmoreland Guarantee Building & Loan Association v. David Thomas. Exceptions to report of Alvin C. Spindler, Esq., auditor.
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Appeal, No. 98, Oct. T., 1903, by F. E. McGillick, from order of O. P. No. 3, Allegheny Co., Nov. T., 1901, No. 78, sustaining exceptions to auditor’s report in case of Westmoreland Guarantee Building & Loan Association v. David Thomas. Exceptions to report of Alvin C. Spindler, Esq., auditor. McClung, J., found the facts to be as follows: About 1892 or 1893 the Penn township property was purchased, and probably in 1895 (the date of the deed is not given in the report, but it was not later than this) it was conveyed by the party from whom it was purchased, to Margaret Thomas, wife of David…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The learned trial judge has stated all the facts essential to the determination of the case. He held that the testimony *516did not support the finding of the auditor that David Thomas was the actual owner of the Penn township property and that, for this reason, the order of subrogation should not be made. The argument of the counsel for the appellant is devoted principally to this question and they concede that if it is determined against him it is decisive of the case.
The property was purchased by agreement in 1892 or 1893, a house was erected thereon and in…
2Cases cited3 opinions
- Harlan v. MaglaughlinSupreme Court of Pennsylvania · 1879
- Best v. SmithSupreme Court of Pennsylvania · 1899
- Monroe v. SmithSupreme Court of Pennsylvania · 1875
3Cited by4 opinions
- Peoples Savings & Dime Bank & Trust Co. v. ScottSupreme Court of Pennsylvania · 1931
- Buckwalter Stove Co. v. EdmondsSupreme Court of Pennsylvania · 1925
- Dayen's EstatePennsylvania Orphans' Court, Philadelphia County · 1929
- Miller v. Tice, Pennsylvania Court of Common Pleas, Northampton County1929