BOEHM ET AL. v. BARNES

Nos. 2354 C.D. 1980 and 2390 C.D. 1980.

63 Pa.Commw. 87 (1981)

A. Frederick Boehm, Jr. et al. v. Willis Barnes, trading and doing business as Barnes Real Estate Company. Scottdale Bank & Trust Company, formerly Scottdale Savings & Trust Company, Appellant. A. Frederick Boehm, Jr. et al. v. Willis Barnes, trading and doing business as Barnes Real Estate Company. A. Frederick Boehm, Jr. and Raymond H. Sheperd, Appellants.

Commonwealth Court of Pennsylvania.

December 7, 1981.


Attorney(s) appearing for the Case

William M. Radcliffe, with him Charles O. Zebley, Jr., Coldren & Coldren and Robert L. Webster, Jr., Webster, Hallal & Webster, for appellant, Scottdale Bank & Trust Company.

A.J. Kuzdenyi, for appellees, A. Frederick Boehm, Jr. and Raymond H. Sheperd.

John J. Brennan, with him Gordon W. Gerber, Dechert, Price & Rhoads, for Amicus Curiae, Pennsylvania Bankers Association.

Argued October 5, 1981, before President Judge CRUMLISH, JR. and Judges ROGERS and CRAIG, sitting as a panel of three.


OPINION BY JUDGE CRAIG, December 7, 1981:

A. Frederick Boehm, Jr. and Raymond H. Sheperd appeal an order of the Court of Common Pleas of Fayette County which dismissed their action to quiet title to partnership property sold by the Fayette County Tax Claim Bureau to Willis Barnes and Barnes Real Estate. Scottdale Bank and Trust Company, mortgagee of record and plaintiff-intervenor below, also appeals.

The deed and mortgage to the property, and presumably the...

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