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FARMERS NATIONAL BANK BLOOMSBURG v. ALBERTSON ET UX. (04/14/64)

April 14, 1964

FARMERS NATIONAL BANK OF BLOOMSBURG
v.
ALBERTSON ET UX., APPELLANTS.



Appeal, No. 6, Feb. T., 1964, from decree of Court of Common Pleas of Columbia County, May T., 1961, No. 1, in case of the Farmers National Bank of Bloomsburg v. Earl E. Albertson et ux. Decree affirmed.

COUNSEL

Herbert L. Winkler, with him Patrick J. Toole, Jr., Thomas J. Evans, and Winkler, Danoff, Lubin & Toole, for appellants.

Gailey C. Keller, with him Herbey B. Smith, and Smith, Eves and Keller, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 203 Pa. Super. Page 207]

OPINION BY WOODSIDE, J.

This is an appeal from a decree of the Court of Common Pleas of Columbia County, sitting in equity, imposing an equitable lien of $2,194.16 upon certain real estate owned by the defendants.

The credibility of the witnesses, who gave conflicting testimony, was for the trier of the facts. A chancellor's findings of fact, approved by the court en banc, have all the force and effect of a jury's verdict if supported by adequate evidence. Kallen v. Pollock, 412 Pa. 281, 284, 286, 194 A.2d 227 (1963). Viewed in this light, the facts are as follows:

The defendants owned and resided on a farm, a part of which was laid out in lots. Their son, W. A. Albertson, hereinafter called Albertson, erected a garage on lots numbered 11 and 12 of his parents' farm to store and repair the equipment used in his business of earth moving. Thereafter, on May 13, 1950, Albertson's parents conveyed to him lots 10, 11 and 12. One week later, on the day the deed was recorded, Albertson took it to The Farmers National Bank of Bloomsburg, Pa., hereinafter referred to as bank, and made application for a loan for the purpose of constructing a dwelling house on lot 10. On the same day, the bank entered a note against him for $5,000, and starting that day made periodic payments to him while he was constructing the house. On October 27, 1950, the bank entered a second note against him, this one for $2,000. On November 6, 1950, an additional $3,000 was paid Albertson and a mortgage for $10,000, representing a consolidation of all his debts to the bank as of that date, was given by him to the bank covering lots 10, 11 and 12, on which the house was believed to have been constructed. Actually, Albertson had not built the

[ 203 Pa. Super. Page 208]

    house on lot 10, but on lots 8 and 9, title to which remained in his parents, the defendants herein. A policy insuring the house for $12,000 contained a loss payable clause in favor of the bank.

Prior to making the loan application of May 20, 1950, Albertson borrowed from the bank but always with his father's endorsement on the notes. The bank continued to make numerous loans to Albertson after the date of the mortgage. Albertson's father also made numerous loans to him both before and after the construction of the house, and assisted him with the construction of the house in the sum of $4,916.48.

The bank did not discover that the house had been constructed on lots 8 and 9 until 1954. It then requested, but did not receive, payment ...


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