Allen's Estate
Supreme Court of Pennsylvania
APPEAL from the déeree of the Orphans’ Court of Juniata county, settling the administration account of James Thompson, administrator of David Allen, deceased. The facts of the case, which are fully stated in the opinion of the court, gave rise to the question, whether the delivery of the possession by the vendor of part of the property sold by a parol contract, was such an execution of it as would take it out of the operation of the statute of frauds and perjuries.
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APPEAL from the déeree of the Orphans’ Court of Juniata county, settling the administration account of James Thompson, administrator of David Allen, deceased. The facts of the case, which are fully stated in the opinion of the court, gave rise to the question, whether the delivery of the possession by the vendor of part of the property sold by a parol contract, was such an execution of it as would take it out of the operation of the statute of frauds and perjuries. If it was, then the administrator would be chargeable in his account with the price of the land, and the widow of the intestate…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Four exceptions have been taken to the decree of the court, but the second is the only one that has been insisted on and argued before us. And indeed it is the only one, in regard to which, we have any evidence given us on our paper-hooks, that will enable us to decide on the correctness of the opinion of the *384Orphans’ Court. While the account of the administrator was before the Orphans’ Court, it was referred by the court to auditors, who made a report to the court accompanied by a statement of the account as altered and corrected according…
2Cases cited6 opinions
- Haslet v. HasletSupreme Court of Pennsylvania · 1837
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
- Bell v. AndrewsSupreme Court of the United States · 1796
- M'Kee v. PhillipsSupreme Court of Pennsylvania · 1839
- Peifer v. LandisSupreme Court of Pennsylvania · 1833
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Ann Berta Lodge, No. 42 v. LevertonTexas Supreme Court · 1874
- Blalock v. WaggonerSupreme Court of Georgia · 1888
- Tressler's EstateSuperior Court of Pennsylvania · 1917