Legal Opinion

Barnet v. Yohe

Supreme Court of Pennsylvania

Decided June 15, 1804PublishedCited by 1 opinion

Appeal from a decree of the Orphan’s Court of Northampton county, on the petition of the appellants, filed on the 20th March 1804. The petition stated, that Jacob Yohe the appellee, intermarried with Susannah, one of the daughters of the intestate, and was indebted to the intestate in his life time by bond dated 20th August 1790, conditioned for the payment of $1084 and 50 cents, with interest.

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Appeal from a decree of the Orphan’s Court of Northampton county, on the petition of the appellants, filed on the 20th March 1804. The petition stated, that Jacob Yohe the appellee, intermarried with Susannah, one of the daughters of the intestate, and was indebted to the intestate in his life time by bond dated 20th August 1790, conditioned for the payment of $1084 and 50 cents, with interest. That judgment was rendered against the said Jacob as of August term 1790, in Northampton county, on the said bond, and divers executions issued thereon both in the life of the intestate *and since, by…

1Opinion of the Court

By the Court.

All the parties interested in the question, are before us. There can be no dispute concerning facts, for they are matters of record.

The petition of the appellants is replete with equity. As to the appellee, the denial of the prayer of the petition must be repugnant to the feelings of every honest mind, and a supposed defect of power in the Orphans’ Court, could only have occasioned their adjudication.

The point of jurisdiction then seems the only question, which calls for our decision. Under the old law of 1705, § 2, (1 Dali *7ol ^aws’ Append. 44,) the words of which, in this…

2Cases cited1 opinion

  1. Yohe v. BarnetSupreme Court of Pennsylvania · 1808

3Cited by1 opinion

  1. Strickler v. ToddSupreme Court of Pennsylvania · 1823

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