ELLIOTT v. MOFFETT et al.


365 Pa. 247 (1950)

Elliott v. Moffett et al., Appellants.

Supreme Court of Pennsylvania.

June 26, 1950.


Attorney(s) appearing for the Case

Eugene C. Sloan, with him Dean D. Sturgis, for appellants.

John L. Spurgeon, with him J.K. Spurgeon, Wade K. Newell and Spurgeon & Spurgeon, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.


OPINION BY MR. JUSTICE HORACE STERN, June 26, 1950:

The solution of the problem involved in this case depends upon the relative rights and duties of a mortgagor and a mortgagee in possession under a long continued and unchallenged occupancy.

One Hiram Davis was the owner of a lot of ground and two-story frame dwelling house thereon in the Borough of Brownsville, Fayette County. He died in 1916 intestate, leaving to...

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