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4 Sadler 425

Phillips v. Clark

Supreme Court of Pennsylvania

Decided January 3, 1887

Supreme Court of Pennsylvania · decided 1887-01-03

October Term, 1886, No. 117, W. D., before Gordon, Paxson, Trunkey, Sterrett, Green, aud Clark, JJ. Appeal from a decree of the Orphans’ Court of Allegheny County in favor of the complainants in a suit to charge land with the payment of an annuity.

Affirmed · Decided 1887-01-03

Per Curiam:

¶1This case was properly disposed of in the court below. When Phillips took the equity of Ross, he took it charged with the annuity of Mary Clark; and as by this act the equity was merged in the legal estate, the charge was thereby necessarily fixed upon the latter, and the representatives of Phillips cannot now be heard to complain of a result produced by their principal.

¶2*430Decree affirmed and appeal dismissed, at the costs of the appellants.

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