Swearingen's v. Pendleton's
Supreme Court of Pennsylvania
In Error. WRIT of error to the Court, of Common Pleas of Wash- ' mgton county. , . In the Court below, it was an action of covenant brought by Ann Pendleton, executrix of- Philip Pendleton, deceased, against Andrew Swearingen, executor of Van Swearingen, deceased-, on articles of agreement, dated April 7th, 1785, which recited that the parties were in possession of certain lands in Virginia, the legal title to which, being contested, it might be necessary that large sums of…
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In Error. WRIT of error to the Court, of Common Pleas of Wash- ' mgton county. , . In the Court below, it was an action of covenant brought by Ann Pendleton, executrix of- Philip Pendleton, deceased, against Andrew Swearingen, executor of Van Swearingen, deceased-, on articles of agreement, dated April 7th, 1785, which recited that the parties were in possession of certain lands in Virginia, the legal title to which, being contested, it might be necessary that large sums of money should be expended to secure it to them. It was therefore agreed on the part of Swearingen, that he would bear an…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
Not perceiving any error in this record but in one point, my observations will be confined to that point only. Issue was joined on the plea of plene administravit, which was found against the defendant. It was the *396opinion of the Court of Common Pleas, that judgment should be entered, for the -whole amount of damages, and costs, de bonis testatoris si, &c. et si non de bonis propriis, of the defondant. The reason assigned for this judgment is, that the jury, besides finding against the defendant on the issue joined, found also, that he had…
2Cited by2 opinions
- Stephens v. CowanSupreme Court of Pennsylvania · 1837
- Evans v. TatemSupreme Court of Pennsylvania · 1823