Knight's Estate
Superior Court of Pennsylvania
Appeal, No. 48, April T., 1902, by-James Knight and Jesse M. Rush, executors of David Knight, deceased, from decree of O. C. Greene Co., Jan. T., 1899, No. 48, dismissing exceptions to auditor’s report in estate of David Knight, deceased. Exception to report of Joseph Patton, Esq., auditor. The facts appear by the opinion of the Superior Court. Errors assigned were in dismissing exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Rice, P. J.,
The auditor found upon a full and discriminating review and analysis of the evidence that the actual intent of the parties, as *415expressed by them at tbe very time the contract in question was being prepared, was, that David Knight, the testator, was to sell to John T. Knight, the appellee, the land described in the written agreement now in controversy as a twenty-five-acre tract, the same not to be surveyed, but to be paid for at the rate of $35.00 per acre, aggregating $875, and that the words “ not to be surveyed ” were left out of the written agreement by the scrivener…
2Cases cited5 opinions
- Wilson v. OttSupreme Court of Pennsylvania · 1896
- Huss v. MorrisSupreme Court of Pennsylvania · 1870
- Gump's AppealSupreme Court of Pennsylvania · 1870
- Chalfant v. WilliamsSupreme Court of Pennsylvania · 1860
- Jenkins v. DavisSupreme Court of Pennsylvania · 1891