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WAREHOUSE BUILDERS AND SUPPLY v. PERRYMAN (ET AL. (09/11/69)

September 11, 1969

WAREHOUSE BUILDERS AND SUPPLY, INC.
v.
PERRYMAN (ET AL., APPELLANT)



Appeals from order of Court of Common Pleas of Westmoreland County, July T., 1963, No. 419, and April T., 1966, No. 1614, in cases of Warehouse Builders and Supply Inc. v. Albertis L. Perryman et vir, and Marco Scoratow et ux. v. Same.

COUNSEL

Donald Laird Hankey, for appellant.

Allen S. Gordon, with him R. H. Buchman, for appellees.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Cercone, J. Concurring Opinion by Montgomery, J.

Author: Cercone

[ 215 Pa. Super. Page 414]

This is a case in which a father claims that his signature on a deed of conveyance from him to his daughter and her husband was forged and that all encumbrances recorded after the forgery were therefore void.

On July 29, 1955, Samuel Hampson, widower, and his daughter, Albertis, acquired by deed a piece of property in Westmoreland County. On August 7,

[ 215 Pa. Super. Page 4151956]

, Hampson took the property in his own name by deed from himself, his daughter, Albertis Perryman, and her husband, Alvin E. Perryman. By a third deed dated May 31, 1960, which is the deed Hampson claims to be a forgery, Hampson conveyed the property to his daughter, Albertis, and her husband, the Perrymans.

On November 24, 1961, the Perrymans executed a mortgage on the property and a judgment bond in favor of the Foster Federal Savings and Loan Association. There then followed a series of assignments of the mortgage and bond on January 20, 1964, May 28, 1964, and January 10, 1966, respectively, the final assignee being a Marco Scoratow and his wife, Betty. All of the deeds, mortgage, judgment bond, and assignments were duly recorded shortly after they were executed. On July 29, 1963, a judgment was entered against the Perrymans by the Western Pennsylvania National Bank in the amount of $5,355.00 and on February 14, 1964, the judgment was assigned to the Investors Acceptance Corporation.

On June 24, 1966, Hampson filed a petition to set aside both the mortgage held by the Scoratows and the judgment held by the Investors Acceptance Corporation, claiming his signature on the deed of May 31, 1960, from him to his daughter and her husband was a forgery and that he was the true owner of the premises against which the mortgage and judgments were liened. Upon his petition, rules to show cause were granted.

On July 1, 1966, on further petition of Hampson, execution on a judgment entered by the Scoratows, assignees of the mortgage and judgment bond, against the Perrymans, was stayed pending ...


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