Nauman v. Weidman
Supreme Court of Pennsylvania
Appeal, No. 204, Jan. T., 1897, by defendant, from order of C. P. Lancaster Co., April T., 1897, No. 88, confirming report of referee. Assumpsit to recover the purchase money of real estate. ¡ The case was referred to T. B. Holahan, Esq., as referee, who reported in favor of the plaintiffs. Exceptions to referee’s report were overruled, by the court below and judgment was entered in favor of plaintiffs for $15,125. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 204, Jan. T., 1897, by defendant, from order of C. P. Lancaster Co., April T., 1897, No. 88, confirming report of referee. Assumpsit to recover the purchase money of real estate. ¡ The case was referred to T. B. Holahan, Esq., as referee, who reported in favor of the plaintiffs. Exceptions to referee’s report were overruled, by the court below and judgment was entered in favor of plaintiffs for $15,125. The facts appear by the opinion of the Supreme Court. Errors assigned were in overruling exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is an action for the enforcement of a contract of sale, and the defense is that the title offered by plaintiffs is not good. The facts found by the referee, and undisputed, show that the title is not merely unmarketable but utterly worthless for any purpose.
Abraham Kauffman, dying in 1886, devised the land in question to the Mennonite Meeting and directed his executors to* make a deed to the trustees upon certain trusts, the principal of which were after the death of his sister, to devote the income to keeping testator’s family lot in the meetinghouse…
2Cases cited5 opinions
- Brendle v. German Reformed CongregationSupreme Court of Pennsylvania · 1859
- In re John C. Mercer Home for Disabled ClergymenSupreme Court of Pennsylvania · 1894
- Griffitts v. CopeSupreme Court of Pennsylvania · 1851
- Yard's AppealSupreme Court of Pennsylvania · 1870
- Barr v. WeldSupreme Court of Pennsylvania · 1854
3Cited by12 opinions
- Toner's EstateSupreme Court of Pennsylvania · 1918
- West Indies Mission AppealSupreme Court of Pennsylvania · 1957
- Lehigh University v. HowerSuperior Court of Pennsylvania · 1945
- Jordan v. LandisSupreme Court of Florida · 1937
- Town of Cody v. Buffalo Bill Memorial Ass'nWyoming Supreme Court · 1948
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