Smith v. Wildman
Supreme Court of Pennsylvania
Appeal, No. 53, Oct. Term, 1896, by plaintiffs, from judgment of C. P. Greene County, April Term, 1892, No. 128, on verdict for defendant. Ejectment for a tract of land in Springhill township. At the trial it appeared that plaintiffs claimed title as heirs of James Smith, deceased. The defendant claimed title under a decree of the orphans’ court authorizing the sale of the land for the payments of the debts of James Smith, deceased.
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Appeal, No. 53, Oct. Term, 1896, by plaintiffs, from judgment of C. P. Greene County, April Term, 1892, No. 128, on verdict for defendant. Ejectment for a tract of land in Springhill township. At the trial it appeared that plaintiffs claimed title as heirs of James Smith, deceased. The defendant claimed title under a decree of the orphans’ court authorizing the sale of the land for the payments of the debts of James Smith, deceased. The petition for the order of sale, with affidavit attached, was as follows: The petition of William Smith, administrator upon the estate of James Smith, late of…
1Dissent
Dissenting opinion by
Me. Chief Justice Steeeett, Justices Mitchell and Fell concurring:
The real question which underlies this ease is whether a purchaser is bound, to look beyond the jurisdictional averments expressly prescribed by the act of 1832 under which orphans’ *254court sales are made. The facts set forth in the petition in this case are precisely those upon which the orphans’ court is empowered “ to authorize sales of decedents’ real estate for payment of debts.” If this be sufficient the sale made was within the jurisdiction of the court which made the decree, and collateral attack on…
2Cases cited14 opinions
- Bindley's AppealSupreme Court of Pennsylvania · 1872
- Oliver's AppealSupreme Court of Pennsylvania · 1882
- Painter v. HendersonSupreme Court of Pennsylvania · 1847
- Pry's AppealSupreme Court of Pennsylvania · 1839
- Estate of ShoenbergerSupreme Court of Pennsylvania · 1891
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