Ferguson v. Yard
Supreme Court of Pennsylvania
Appeal, No. 284, Jan. T., 1894, by defendants, from decree of C. P. No. 2, Phila. Co., Sept. T., 1891, No. 710, dismissing bill in equitjn Bill in equity for discovery, etc. The bill averred as follows: “ I. Plaintiff is the surviving assignee of the Shackamaxon Bank under, an assignment made for the benefit of the creditors of the bank in the month of May, 1885. “II.
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Appeal, No. 284, Jan. T., 1894, by defendants, from decree of C. P. No. 2, Phila. Co., Sept. T., 1891, No. 710, dismissing bill in equitjn Bill in equity for discovery, etc. The bill averred as follows: “ I. Plaintiff is the surviving assignee of the Shackamaxon Bank under, an assignment made for the benefit of the creditors of the bank in the month of May, 1885. “II. On Jan. 30, 1886, your orator and his then co-assignee brought an action in this court, Dec..Term, 1885, No. 703, against the defendants Mary E. Yard and her husband Benjamin H. Yard, executors of the will of one Charles S.…
1Opinion of the Court
Opinion by
Me. Justice McCollum,
Whilst the bill in this case was prepared and filed for the purpose of having the real and personal property which Mrs. Yard conveyed to the Guarantee Trust and Safe Deposit Company declared applicable to a judgment recovered against her as executrix of the estate of Charles S. Murphy deceased, there was no averment in it that any portion of such property formerly belonged to his estate, or was derived directly or indirectly from it or from the proceeds of it. The complainant did not even allege that he was informed and believed and expected to be able to prove…
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