Sankey's Appeal
Supreme Court of Pennsylvania
Appeal of Samuel Sankey from the decree of the Orphans’ Court of Centre county, in the matter of the partition of the real estate of John Sankey, deceased.
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Appeal of Samuel Sankey from the decree of the Orphans’ Court of Centre county, in the matter of the partition of the real estate of John Sankey, deceased. On the 1st of September 1865 Jacob Sankey presented a petition to the Orphans’ Court of Centre county, setting forth that John Sankey, Sr., had died seised of certain real estate, set out in the petition, leaving a widow and a number of children, amongst whom were Jacob, the petitioner, and Samuel Sankey, and praying the court to award an inquest to make partition of the premises amongst the parties interested. On the petition Judge Linn…
1Opinion of the Court
The opinion of the court was delivered July 3d 1867, by
Agnew, J.
— The 1st and 2d errors assigned, which may be considered together, are unfounded. The rule made out and issued by the clerk of the-Orphans’ Court fixed a day certain, “ the fourth- Monday of January next,” to come into court and accept or refuse the premises at the valuation. The objection that no day certain was fixed, according to the 40th section of the Act of 29th March 1832, is founded upon the mere note of the confirmation and order for the rule entered by the court on the back of the inquisition. Had the clerk omitted to…
2Cases cited3 opinions
- Ragan's EstateSupreme Court of Pennsylvania · 1838
- Drum v. Lessee of SimpsonSupreme Court of Pennsylvania · 1814
- Klingensmith v. BeanSupreme Court of Pennsylvania · 1834