Hastings v. Engle
Supreme Court of Pennsylvania
Appeal, No. 88, Oct. T., 1906, by defendants, from judgment of C. P. Indiana Co., Sept. T., 1903, No. 101, for plaintiff on ease stated in suit of Virginia Hastings and John S. Hastings, her husband, v. H. B. Engle and Clara E. Engle, Executors of J. II. Engle, deceased. Case stated to determine the marketable title to real estate. Before Or vis, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 88, Oct. T., 1906, by defendants, from judgment of C. P. Indiana Co., Sept. T., 1903, No. 101, for plaintiff on ease stated in suit of Virginia Hastings and John S. Hastings, her husband, v. H. B. Engle and Clara E. Engle, Executors of J. II. Engle, deceased. Case stated to determine the marketable title to real estate. Before Or vis, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. The court entered judgment for plaintiff on case stated. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit to recover the purchase money for real estate sold by the plaintiffs to the defendants’ decedent. The facts appear in full in the case stated. The right to recover is resisted by the defendants on the ground that the plaintiffs cannot convey a good title to the premises. The title was acquired by Virginia Hastings, the wife of the other plaintiff, under the will of Elizabeth Coleman, deceased, which provides, inter alia, as follows : “ I give and bequeath to Mrs. Virginia Hastings during her lifetime, and the heirs of her body at…
2Cases cited3 opinions
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Shapley v. DiehlSupreme Court of Pennsylvania · 1902
- Graham v. AbbottSupreme Court of Pennsylvania · 1904
3Cited by6 opinions
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- Wilson v. HeilmanSupreme Court of Pennsylvania · 1908
- Kirby's EstateSupreme Court of Pennsylvania · 1912
- Asper v. StewartSupreme Court of Pennsylvania · 1914
- Smith v. LindseySuperior Court of Pennsylvania · 1908
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