Culver v. Thompson, Exr.
Supreme Court of Pennsylvania
Appeal, No. 109, Jan. T., 1920, by defendant, from decree of C. P. Luzerne Co., Oct. T., 1917, No. 5, on bill in equity in case of Martha B. Culver v. John S. Thompson, Executor and Trustee of estate of Joseph Loder, deceased. Bill in equity to compel payment and extinguishment of a debt secured by a mortgage and for “other and further relief.” Before Fuller, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 109, Jan. T., 1920, by defendant, from decree of C. P. Luzerne Co., Oct. T., 1917, No. 5, on bill in equity in case of Martha B. Culver v. John S. Thompson, Executor and Trustee of estate of Joseph Loder, deceased. Bill in equity to compel payment and extinguishment of a debt secured by a mortgage and for “other and further relief.” Before Fuller, P. J. The facts are stated in the opinion of the Supreme Court. The court entered a decree substantially as stated in the opinion of the Supreme Court. Defendant appealed. Error assigned, among others, was decree of the court.
1Opinion of the Court
Per Curiam,
On December 16, 1916, the appellee executed a mortgage to the appellant, for $1,900, which was duly recorded. This-bill was filed to compel him to pay a prior and smaller mortgage, held by Loretta S. Powell, on the ground that he had agreed to do so out of the proceeds of the mortgage given to him by the appellee. He placed the proceeds of it in the hands of Larned & Son, real estate and loan agents, doing business in the City of Wilkes-Barre, but they failed to pay the prior mortgage, and it remains a lien against appellee’s property. While the court below did not grant the…
2Cases cited1 opinion
- Powell v. Old Hickory Building & Loan Ass'nSupreme Court of Pennsylvania · 1916