Burger v. Dankel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county : Of January Term 1881, No. 167. Ejectment, by David Burger against Solomon Dankel and Henry Merkel, to recover a lot of ground in Lower Milford township. Plea, the general issue.
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Error to the Court of Common Pleas of Lehigh county : Of January Term 1881, No. 167. Ejectment, by David Burger against Solomon Dankel and Henry Merkel, to recover a lot of ground in Lower Milford township. Plea, the general issue. On the trial, before Albright, P. J., both parties claimed under Daniel Walter, Jr., deceased, in whom title was vested in his life-time to the premises in question by the will of his father, Daniel Walter, Sr., proved in 1874. The plaintiff claimed title from Daniel Walter, Jr., by virtue of the following “deed, which was put in evidence:— Know all men by these…
1Opinion of the CourtJustice Mercur
The plaintiff’s right to recover is based on a deed absolute on its face. The defendants claim it to be in fact a mortgage only. The sufficiency of the evidence to establish a parol defeasance, is the only question necessary for us to consider.
The rule that a deed absolute on its face made prior to the Act of 8th June 1881, may be shown by parol to be a mortgage is too well settled in this state to need any citation of authorities. The proof necessary to so convert it, must, however, be clear, explicit and unequivocal: Todd v. Campbell, 8 Casey 250; Plumer v. Guthrie, 26 P. F. Smith 441;…
2Cases cited1 opinion
- Kelly v. ThompsonSupreme Court of Pennsylvania · 1838