WEST v. WATKINS, et al.


190 Pa.Super. 29 (1959)

West v. Watkins (et al., Appellant).

Superior Court of Pennsylvania.

June 10, 1959.


Attorney(s) appearing for the Case

Willard M. Henkelman, with him Joseph C. Kreder, and Warren, Hill, Henkelman & McMenamin, for appellant.

Thomas M. Hart, with him Maurice V. Cummings and Leo A. Southard, for appellees.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.


OPINION BY GUNTHER, J., June 10, 1959:

This appeal is from the decree of the court below in which the validity of a mortgage on real estate was questioned by an action in equity and in which the mortgage was held void in part. The unusual facts may be summarized as follows:

Eugene Brigham and Catherine Brigham held themselves out publicly as husband and wife from the year 1924 to November, 1949. During this period, they purportedly lived together under a common...

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