Legal Opinion

Bland's Administrator v. Umstead

Supreme Court of Pennsylvania

Decided July 1, 1854PublishedCited by 7 opinions

Error to the Common Pleas of Berks county. This suit was commenced by Umstead against the administrator of Eland before a justice of the peace, and carried by appeal into Court, where the plaintiff got a judgment for $7.28, and the defendant brought this writ of error. Bland and Umstead were adjoining owners of land, and in 1844 they entered into a written agreement under seal, for the maintenance of a partition fence, each agreeing to maintain a specified half.

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Error to the Common Pleas of Berks county. This suit was commenced by Umstead against the administrator of Eland before a justice of the peace, and carried by appeal into Court, where the plaintiff got a judgment for $7.28, and the defendant brought this writ of error. Bland and Umstead were adjoining owners of land, and in 1844 they entered into a written agreement under seal, for the maintenance of a partition fence, each agreeing to maintain a specified half. In 1851 the part which Bland had contracted to keep up was swept away by a flood in the river Schuylkill, and, he being dead,…

1Opinion of the Court

The opinion of the Court was delivered by

Lowrie, J.

We think that the principles which governed in the cases of Dickinson v. Callahan, 19 State Rep. 227, and Quain’s Appeal, 22 Id. 510, rule this case in favor of the defendant below. Neither of the parties binds his executor or administrator in the covenant; and if he had attempted it, we do not see very well how he could have succeeded. If the administrator is bound now, he must be hound in all time to come; but the law does not profess to keep up the representation of a dead man’s estate longer than is necessary to settle it.

Besides this,…

2Cited by7 opinions

  1. Huffman v. HuffmanSupreme Court of Pennsylvania · 1933
  2. Blakely v. SousaSupreme Court of Pennsylvania · 1900
  3. Glauser EstateSupreme Court of Pennsylvania · 1944
  4. Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
  5. Zinnel v. BergdollSuperior Court of Pennsylvania · 1899

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