Commonwealth v. Lightner
Supreme Court of Pennsylvania
ERROR to the District Court of Lancaster county. The Commonwealth for the use of Rachel E. Lightner, admi-nistratrix of Isaac F. Lightner, against Joel Lightner, with notice to Nathan F. Lightner, terre-tenant. This was an action upon a recognizance entered into to the Commonwealth by Joel Lightner, in 1800, conditioned for the payment of the shares of the several heirs of Adam Inghlner, deceased, out of land taken by the defendant in a proceeding in partition.
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ERROR to the District Court of Lancaster county. The Commonwealth for the use of Rachel E. Lightner, admi-nistratrix of Isaac F. Lightner, against Joel Lightner, with notice to Nathan F. Lightner, terre-tenant. This was an action upon a recognizance entered into to the Commonwealth by Joel Lightner, in 1800, conditioned for the payment of the shares of the several heirs of Adam Inghlner, deceased, out of land taken by the defendant in a proceeding in partition. The amount now claimed was the share of Isaac F. Lightner, which became payable after the death of the widow, who died in 1842. The…
1Per curiam
It would be strange if the legal title to sue were not enough to support an action at law in the name of the trustee, without proof that the suit was brought at the instigation of the true cestui que trust. What has the defendant to do with that ? The recovery will protect him from a repetition of the demand, and he can ask no more. Such is the principle of Armstrong v. Lancaster, (5 Watts 68), and it is discouraging to find the professional mind still persisting in the old notion. Here there was no conflict of claims to the cause of action; and if there had been, the defendant would have had…
2Cases cited1 opinion
- Armstrong v. City of LancasterSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Lightner v. CommonwealthSupreme Court of Pennsylvania · 1858
- Miller v. WithersSupreme Court of Pennsylvania · 1898
- Kelly's AppealSupreme Court of Pennsylvania · 1875