Wightman's Appeal

Supreme Court of Pennsylvania

Wightman's Appeal

29 Pa. 280

DecidedJuly 1, 1857

StatusPublished

This text of 29 Pa. 280 (Wightman's Appeal) 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

Wightman's Appeal, 29 Pa. 280 (Pa. 1857).

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Opinion

The opinion of the court was delivered by

Lowrie, J.

It seems to us that the simplest, and the true mode of treating this matter, is to regard McFarland & Co. as bona fide mortgagees of Mrs. Rupp’s title, without notice of the secret title now alleged to be in Mr. Rupp; for so their claim appears in the auditor’s report, which is not excepted to on this account. The result, then, is very plain, that their lien is not cut off by the subsequent discovery of this secret title. Their equity is superior to the title of Wightman.

Decree affirmed at the appellant’s cost.

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The opinion of the court was delivered by

Lowrie, J.

It seems to us that the simplest, and the true mode of treating this matter, is to regard McFarland & Co. as bona fide mortgagees of Mrs. Rupp’s title, without notice of the secret title now alleged to be in Mr. Rupp; for so their claim appears in the auditor’s report, which is not excepted to on this account. The result, then, is very plain, that their lien is not cut off by the subsequent discovery of this secret title. Their equity is superior to the title of Wightman.

Decree affirmed at the appellant’s cost.

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Bluebook (online)

29 Pa. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wightmans-appeal-pa-1857.