Legal Opinion

Hoffer v. Wightman

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 2 opinions

WRIT of error to the common pleas of Dauphin county. The facts of this case appeared to be, that Robert M’Kee died intestate, and his estate was divided and appraised by a proceeding in partition in the orphans’ court, and one part of it was taken by David Dimpsey, in right of his wife, and he entered into a recognizance with David Patten as his security, to Sample M’Kee (who took the other and less valuable part), for one half of the difference, in value.

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WRIT of error to the common pleas of Dauphin county. The facts of this case appeared to be, that Robert M’Kee died intestate, and his estate was divided and appraised by a proceeding in partition in the orphans’ court, and one part of it was taken by David Dimpsey, in right of his wife, and he entered into a recognizance with David Patten as his security, to Sample M’Kee (who took the other and less valuable part), for one half of the difference, in value. A suit was brought upon this recognizance, by the executors of Sample M’Kee, against Dimpsey and Patten, pending which Dimpsey died, and a…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

We think there is nothing in any of the errors assigned in this case. They are so obviously untenable, that it is unnecessary to enter into a course of reasoning, in order to prove it. We are, however, notwithstanding, clearly of opinion that the judgment of the court below must be reversed, because, from the record, it appears that the plaintiffs below have no cause of action whatever against the defendant, who is the plaintiff in error. The claim appears to be founded upon a recognizance taken in the orphans’ court of Dauphin county, of…

2Cases cited1 opinion

  1. Kean v. RidgwaySupreme Court of Pennsylvania · 1827

3Cited by2 opinions

  1. Commonwealth ex rel. Dauphin County v. HoffmanSupreme Court of Pennsylvania · 1873
  2. Paull v. OliphantSupreme Court of Pennsylvania · 1850

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