Stub v. Leis
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks county. Adam Leis against John Stub and William Stub, with notice to all the other devisees of Adam Stub deceased. Adam Stub, the father of the defendant, was in his lifetime the owner of the land in dispute.
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ERROR to the common pleas of Berks county. Adam Leis against John Stub and William Stub, with notice to all the other devisees of Adam Stub deceased. Adam Stub, the father of the defendant, was in his lifetime the owner of the land in dispute. He devised the same to his children, giving certain ones the first right, to take it at a price stipulated in his will, and also directed, that in case none of his children would accept of it at that price, then it was to be sold by his executors, Michael Stub and William Stub, two of his sons. By a writing dated the 9th of February 1833, all the…
1Per curiam
The appeal, if successful, would have released William, though not strictly a party to it, from the judgment of the arbitrators; and though he had ceased, by surrendering the possession, to have an interest in the defence of it, his liability for mesne profits remained; and that was an abiding interest which excluded him.
The exception to the family agreement is not pressed; and the objection to the charge is equally unfounded. The question of performance was betwixt the executors and their vendee; and it lay not with the defendants, who were strangers, to object to want of performance by the…
2Cited by3 opinions
- Cambria Iron Co. v. TombSupreme Court of Pennsylvania · 1864
- Biddle v. MooreSupreme Court of Pennsylvania · 1846
- Railroad v. BoyerSupreme Court of Pennsylvania · 1850