Sproull's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Philadelphia: No. 100, to January Term 1872. This bill was filed January 5th 1871, by Ann Sproull against Alexander W. Sproull and James Simpson, executors, &c., of George Sproull deceased, John Bassing and James D. Lee.
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Appeal from the decree of the Court of Common Pleas of Philadelphia: No. 100, to January Term 1872. This bill was filed January 5th 1871, by Ann Sproull against Alexander W. Sproull and James Simpson, executors, &c., of George Sproull deceased, John Bassing and James D. Lee. The bill alleged that on the 19th of September 1870, the decedent with the plaintiff, who was his wife, executed a deed of his real estate to Bassing, one of the defendants; the consideration was $3000, of which $50 were paid as earnest-money; this sum by the decedent’s directions was paid to the plaintiff as a gift from…
1Opinion of the Court
Judgment was entered
2Per curiam
We have had some difficulty in reaching a conclusion in this case. On the face of the testimony the merits of the case appear to be with the plaintiff. But the testimony is contradictory. The testimony of James D. Lee, Esq., is especially adverse to the plaintiff’s claim. It evidences carefulness, intelligence and discrimination; and the master appears to have relied mainly upon it. On the other hand, the testimony of those witnesses for the plaintiff who most strongly support the alleged gift of the money to be paid by the purchaser, does not evidence much intelligence…
3Cited by7 opinions
- Hamilton v. FaySupreme Court of Pennsylvania · 1925
- American Coat, Apron & Towel Supply Co. v. Grant Building, Inc.Superior Court of Pennsylvania · 1931
- DeWitt v. DeWittSupreme Court of Pennsylvania · 1902
- Hanhauser v. Pennsylvania & New England RailroadSupreme Court of Pennsylvania · 1908
- McCullough v. ManningSupreme Court of Pennsylvania · 1890
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