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FISHEL v. McDONALD

376 Pa. 281 (1954)

Fishel, Appellant, v. McDonald.

Supreme Court of Pennsylvania.

January 5, 1954.

Attorney(s) appearing for the Case

Daniel J. Snyder, Jr., with him Carroll Caruthers, for appellants.

Marquis M. Smith, with him John M. Noel, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, January 5, 1954:

An appeal in this case to the Superior Court (Fishel v. McDonald, 163 Pa.Super. 251, 60 A.2d 820) resulted in a reversal so that the plaintiff might amend. The facts are succinctly stated by Judge RENO in the opinion in that case, at page 252 as follows: "In 1928 David A. Hammond conveyed property to plaintiffs [the Fishels], husband and wife, subject to a mortgage given by Hammond to the Keystone-Westmoreland...

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