John C. Mercer Home for Disabled Clergymen v. Fisher
Supreme Court of Pennsylvania
Appeal, No. 202, Jan. T., 1894, by defendant, from judgment of C. P. Montgomery Co., Dec. T., 1893, No. 68, for plaintiff, on case stated. Case stated. Before Swartz, P. J. After the decree directing the sale of the real estate in question made by the orphans’ court, from which the appeal in the preceding case was taken, this case stated was agreed upon.
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Appeal, No. 202, Jan. T., 1894, by defendant, from judgment of C. P. Montgomery Co., Dec. T., 1893, No. 68, for plaintiff, on case stated. Case stated. Before Swartz, P. J. After the decree directing the sale of the real estate in question made by the orphans’ court, from which the appeal in the preceding case was taken, this case stated was agreed upon. It set out the decree of the orphans’ court, the tender of a deed by plaintiff to defendant and the refusal of defendant to accept tlie same ; agreed that if, under these facts, defendant took a good title, judgment should be entered for…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case stated was filed in the court of common pleas to obtain a judgment in that court upon the same facts that were passed upon by the orphans’ court in the appeal of S. Wilson Fisher, just disposed of. So far as it involved the questions decided in the orphans’ court it was in effect a writ of error from the common pleas to that court, which is a sort of review not authorized by law. With the decree of the orphans’ court standing in full force, the construction of the will of Mrs. Mercer and the power of the board of managers to make a good title to the…
2Cited by7 opinions
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- Lehigh University v. HowerSuperior Court of Pennsylvania · 1945
- Myers v. CrickSupreme Court of Pennsylvania · 1921
- Balch EstatePennsylvania Orphans' Court, Philadelphia County · 1960
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