O'Brian v. Wiggins
Superior Court of Pennsylvania
Appeal, No. 191, Oct. T., 1899, by plaintiffs, in a suit of Thomas O’Brian, Sarah O’Brian and Martha Harman, administrators of John O’Brian, deceased, against Clayton Wiggins, from judgment of C. P. Lancaster Co., Aug. T., 1898, No. 6, on verdict for defendant. Opinion by W. D. Pobteb, J. Assumpsit.
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Appeal, No. 191, Oct. T., 1899, by plaintiffs, in a suit of Thomas O’Brian, Sarah O’Brian and Martha Harman, administrators of John O’Brian, deceased, against Clayton Wiggins, from judgment of C. P. Lancaster Co., Aug. T., 1898, No. 6, on verdict for defendant. Opinion by W. D. Pobteb, J. Assumpsit. It appears from the record that this suit was brought to recover the purchase money from defendant, namely $1,200, with interest, under an agreement of private sale of decedent’s real estate subsequently approved and confirmed by the orphan’s court. The following offer of evidence on the part of…
1Opinion of the Court
Opinion by
W. D. Pobteb, J.,
By articles of agreement entered into on the 19th of March, 1898, the administrators of John O’Brian, deceased, did “ covenant, promise, grant and agree to convey to Clayton Wiggins, his heirs and assigns, in fee simple, clear of all incumbrances, a certain tract of land belonging to the estate of the decedent.” Wiggins, upon his part, covenanted and agreed to pay to said administrators the sum of $1,200, “for the true performance of all and every the covenants and agreements aforesaid.” On the 9th day of April, 1898, the administrators presented to the orphans’…
2Cases cited5 opinions
- Spencer v. JenningsSupreme Court of Pennsylvania · 1887
- Bennett v. Hayden, Pennsylvania Court of Common Pleas, Westmoreland County1892
- Torrance v. TorranceSupreme Court of Pennsylvania · 1867
- Grenawalt's AppealSupreme Court of Pennsylvania · 1860
- Estate of SmithSupreme Court of Pennsylvania · 1898