De Haven v. Bartholomew
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: To January Term 1867, No. 112. This was an action of assumpsit, commenced September 25th 1865, by Benjamin Bartholomew, administrator d. b. n., &c. of Keziah Henderson, deceased, against Hugh De Haven and Mary J. De Haven his wife. The pleas were non assumpsit and non assumpsit infra sex annos.
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Error to the Court of Common Pleas of Montgomery county: To January Term 1867, No. 112. This was an action of assumpsit, commenced September 25th 1865, by Benjamin Bartholomew, administrator d. b. n., &c. of Keziah Henderson, deceased, against Hugh De Haven and Mary J. De Haven his wife. The pleas were non assumpsit and non assumpsit infra sex annos. Jonathan Cleaver died intestate in 1833,- leaving a widow, Rebecca, and six children, and the descendants of two deceased daughters. Part of his real estate, on the 13th of August 1833, was taken by his son William under proceedings in partition…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
That an action of debt or assumpsit may be maintained against the alienee of a purchaser or other person accepting land expressly charged with the payment of money, as the means *128of enforcing payment ont of the land, is supported by abundant authority: Pidcock v. Bye, 3 Rawle 183; Hise v. Geiger, 7 W. & S. 273; Shelly v. Shelly, 8 Id. 153; Unangst v. Kraemer, 8 Id. 391; Kline v. Bowman, 7 Harris 24; Buckley’s Appeal, 12 Wright 491; Heist v. Baker, 13 Id. 9. This would seem to contradict the rule that there must be a privity of contract in…
2Cases cited8 opinions
- Buckholder v. SiglerSupreme Court of Pennsylvania · 1844
- Pidcock ex rel. Closson v. ByeSupreme Court of Pennsylvania · 1831
- Hise v. GeigerSupreme Court of Pennsylvania · 1844
- Dillebaugh's EstateSupreme Court of Pennsylvania · 1835
- Levers v. Van BuskirkSupreme Court of Pennsylvania · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Philadelphia ParkwaySupreme Court of Pennsylvania · 1915
- Commonwealth v. BarrettSupreme Court of Pennsylvania · 1931
- Hurst v. SpottsSupreme Court of Pennsylvania · 1928
- DeHaven's EstateSuperior Court of Pennsylvania · 1904
- Smith v. DanielsonSuperior Court of Pennsylvania · 1911
5 more not listed; retrieve them via the Exa API.