Eisenbrown v. Burns
Superior Court of Pennsylvania
Appeal, No. 114, 1905, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1908, No. 3682, on verdict for plaintiff in case of Harry J. Eisenbrown, agent for James Flaherty, v. Lawrence Burns and Elizabeth Burns. Ejectment for No. 1019 Master street in the city of Philadelphia. Before Beitler, J. The facts are statéd in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed.
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Appeal, No. 114, 1905, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1908, No. 3682, on verdict for plaintiff in case of Harry J. Eisenbrown, agent for James Flaherty, v. Lawrence Burns and Elizabeth Burns. Ejectment for No. 1019 Master street in the city of Philadelphia. Before Beitler, J. The facts are statéd in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
The eleventh item in the will of John O’Neill is as follows: “ For the purpose of paying my debts, and carrying out the provisions of this my will, I do hereby authorize and empower my executors hereinafter named to sell and dispose of all or any part of my real estate, either at public or private sale, as they shall deem best, and for such price or prices and upon such terms and conditions as in their judgment may be deemed advisable and to make and execute suitable deed or deeds therefor to such purchaser or purchasers as they may deem proper, free, clear and discharged…
2Cases cited3 opinions
- Maple v. KussartSupreme Court of Pennsylvania · 1867
- Doran v. PiperSupreme Court of Pennsylvania · 1894
- Root v. CrockSupreme Court of Pennsylvania · 1847
3Cited by3 opinions
- North American Properties, Ltd. v. Pocono Farms Lot Owners Ass'nDistrict Court, M.D. Pennsylvania · 1980
- Schenck v. ClydeSuperior Court of Pennsylvania · 1913
- Stoffa Estate, Pennsylvania Court of Common Pleas, Luzerne County1977