Kennedy v. Wachsmuth
Supreme Court of Pennsylvania
case stated. This was an action on the. case, brought by Robert Kennedy against John G. Wachsmuth, to recover damages for the non-performance of a contract, for the purchase of certain lots of ground in the county of Philadelphia. By the contract, the plaintiff was to give to the defendant a valid and legal title to the lots; and the defendant alleged, that the title offered to him by the plaintiff, was not a valid and legal title.
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case stated. This was an action on the. case, brought by Robert Kennedy against John G. Wachsmuth, to recover damages for the non-performance of a contract, for the purchase of certain lots of ground in the county of Philadelphia. By the contract, the plaintiff was to give to the defendant a valid and legal title to the lots; and the defendant alleged, that the title offered to him by the plaintiff, was not a valid and legal title. The plaintiff’s title was derived as follows: John C. Wells died intestate in the year 1812, seized in fee simple of the said lots, and leaving a widow and five…
1Per curiam
The question in this case, is, Whether a sale of the real estate of John C. Wells, esq., deceased, made by order of the Orphans’ Court of Philadelphia, was valid ?
It is contended, on the part of the defendant, that the Orphans’ Court had no pov\ er to make the order for sale, because the administrators of John C. Wells did not, previous to the said order, exhibit an account upon oath, of all the intestate’s debts, which had then come to their knowledge, as is required by the act of the 19th of JLpril, 1794, sect. 20. On inspecting the record of the Orphans’ Court, we find, that on the 14th of…
2Cases cited2 opinions
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Selin v. SnyderSupreme Court of Pennsylvania · 1821
3Cited by4 opinions
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Jones v. OrumSupreme Court of Pennsylvania · 1835
- Fox v. WintersSupreme Court of Pennsylvania · 1833
- Brotherline v. MallorySupreme Court of Pennsylvania · 1839