Bixler v. Kunkle
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the District Court of York county. The plaintiffs in error, John Bixler and Anna Mary his wife, for the use of the said Anna, were plaintiffs below. The Writ was in debt not exceeding’two thousand, eight hundred dollars. A declaration was filed containing one count as upon a general indebitatiis assumpsit.
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IN ERROR. Writ of error to the District Court of York county. The plaintiffs in error, John Bixler and Anna Mary his wife, for the use of the said Anna, were plaintiffs below. The Writ was in debt not exceeding’two thousand, eight hundred dollars. A declaration was filed containing one count as upon a general indebitatiis assumpsit. “For that whereas, heretofore, to wit,, on the 1st April, 1826, the said Christian Kunkle and Christian Gingrich, were indebted to the said Anna Mary,' in the sum of two . thousand dollars, by the said Kunkle and Gingrick before that time had and received, to and…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
On the merits of the cause, as well as on the form of *308action and mode of redress, 1 am in favour of the plaintiffs. I think they are entitled to judgment for the whole debt and interest.
The release having been obtained from strangers residing in another state, obtained by executors and guardians, whose duty it was to protect the woman from imposition, gotten from her after they had sold all the testator’s lands, and well knew that they were paying to her but little more than half of her just share, is nothing. Such a release, thus gotten, is…
2Cases cited7 opinions
- Crotzer v. RussellSupreme Court of Pennsylvania · 1822
- Lessee of Hall v. VandegriftSupreme Court of Pennsylvania · 1811
- Wilson v. WilsonSupreme Court of Pennsylvania · 1811
- Kennedy v. FurySupreme Court of the United States · 1783
- Gratz v. PhillipsSupreme Court of Pennsylvania · 1809
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1837
- Miltenberger v. SchlegelSupreme Court of Pennsylvania · 1847
- Martzell v. StaufferSupreme Court of Pennsylvania · 1832