In re Assigned Estate of Clemens

Supreme Court of Pennsylvania

In re Assigned Estate of Clemens

34 A. 622, 175 Pa. 110, 1896 Pa. LEXIS 1216

CourtSupreme Court of Pennsylvania

DecidedApril 13, 1896

DocketAppeal, No. 86

StatusPublished

This text of 34 A. 622 (In re Assigned Estate of Clemens) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Assigned Estate of Clemens, 34 A. 622, 175 Pa. 110, 1896 Pa. LEXIS 1216 (Pa. 1896).

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Opinion

Per Curiam,

The facts found by the auditor in the court below upon ample testimony, fully justified his conclusion that there is no money due to the appellant on the mortgage in question. The course [114]*114of dealing between the appellant and the assignor, by which the latter was charged on the books of the appellant with each year’s interest which she owed as mortgagor to the appellant as mortgagee, and at the same time crediting her with the same interest which they owed her under the trust created by her husband’s will, was fully acquiesced in by the assignor for a number of years, and was practically continued as well after as before the assignment. Having received the interest in this way once they cannot claim it again. The assignments of error are not sustained.

Decree affirmed and appeal dismissed at the cost of the appellant.

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Per Curiam,

The facts found by the auditor in the court below upon ample testimony, fully justified his conclusion that there is no money due to the appellant on the mortgage in question. The course [114]*114of dealing between the appellant and the assignor, by which the latter was charged on the books of the appellant with each year’s interest which she owed as mortgagor to the appellant as mortgagee, and at the same time crediting her with the same interest which they owed her under the trust created by her husband’s will, was fully acquiesced in by the assignor for a number of years, and was practically continued as well after as before the assignment. Having received the interest in this way once they cannot claim it again. The assignments of error are not sustained.

Decree affirmed and appeal dismissed at the cost of the appellant.

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Bluebook (online)

34 A. 622, 175 Pa. 110, 1896 Pa. LEXIS 1216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-assigned-estate-of-clemens-pa-1896.