DeHaven's Estate
Superior Court of Pennsylvania
Appeal, No. 235, Oct. T., 1902, by John H. DeHaven and Levi DeHaven from decree of O. C. Lancaster Co., May T., 1902, No. 10, dismissing exceptions to adjudication in estate of Azariah DeHaven, deceased. Exceptions to adjudication. Tbe opinion of the Superior Court states the case. Error assigned was decree dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by
Mobbison, J.,
This case is now before us on reargument on motion of counsel for the exceptants. When the case was formerly argued and submitted no reference whatever was made by the learned counsel for the exceptants to the Act of April 27, 1855, P. L. 368, and in the opinion which we filed on December 19, 1903, the said act was not considered, nor was it contended by the counsel that the claim in dispute was in any way controlled by said act. Therefore, our decision then made was upon the question of sufficient evidence to overcome the presumption of payment arising after the lapse…
2Cases cited9 opinions
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Eby v. Eby's AssigneeSupreme Court of Pennsylvania · 1846
- De Haven v. BartholomewSupreme Court of Pennsylvania · 1868
- Appeal of WingettSupreme Court of Pennsylvania · 1888
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3Cited by4 opinions
- Stephenson's EstateSupreme Court of Pennsylvania · 1917
- Deliaven's EstateSuperior Court of Pennsylvania · 1909
- McAlpin v. Simpson, Pennsylvania Court of Common Pleas, Philadelphia County1946
- Wolff v. Moore, Pennsylvania Court of Common Pleas, Philadelphia County1924