Legal Opinion

De Haven's Appeal

Supreme Court of Pennsylvania

Decided October 6, 1884No. 141PublishedCited by 4 opinions

Appeal from the Orphans’ Court of Lancaster county: Of January Term, 1884, No. 141. This was an appeal (by special allocatur) by Clayton L. DeHaven from a decree refusing to set aside a sale of real estate sold by order of said court, as prayed for by the appellant, the, purchaser at said sale, and confirming the sale.

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Appeal from the Orphans’ Court of Lancaster county: Of January Term, 1884, No. 141. This was an appeal (by special allocatur) by Clayton L. DeHaven from a decree refusing to set aside a sale of real estate sold by order of said court, as prayed for by the appellant, the, purchaser at said sale, and confirming the sale. The facts as they appeared from depositions taken to support the petition of Clayton L. DeHaven, were as follows : Perry Martin, the reputed owner of the land in dispute, died on June 10, 1881. Letters of administration on his estate were granted to Adam Overly. Under an order…

1Opinion of the CourtJustice Green

There was no occasion for the administrator or his attorney to make any representations, assertions or stipulations at the sale, in regard either to the quantity of the land sold, or the title to it. Had the purchaser bought in the absence of any interference, or inducements held out by the administrator to persuade the appellant to buy, the maxim of caveat emptor would certainly have applied, and we would probabty not have felt justified in reviewing the refusal of the court below *615to set aside the sale. So also if the sale had been confirmed, purchase money paid and deed delivered, the…

2Cases cited2 opinions

  1. Fox v. MenschSupreme Court of Pennsylvania · 1842
  2. Miles v. DivenSupreme Court of Pennsylvania · 1837

3Cited by4 opinions

  1. Greenough v. SmallSupreme Court of Pennsylvania · 1890
  2. Mulholland's EstateSupreme Court of Pennsylvania · 1909
  3. Crawford's EstateSupreme Court of Pennsylvania · 1908
  4. Leard's Assigned EstateSupreme Court of Pennsylvania · 1894

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