Legal Opinion

Menges v. Oyster

Supreme Court of Pennsylvania

Decided July 15, 1842PublishedCited by 6 opinions

WRIT OF ERROR to the Common Pleas of Northumberland county. This was an action of ejectment by Elizabeth Menges and others, heirs at law of Solomon Menges, deceased, against George Oyster for 300 acres of land. The plaintiffs provéd the original title to have been vested in Solomon Menges, deceased, and that they were his children and heirs at law.

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WRIT OF ERROR to the Common Pleas of Northumberland county. This was an action of ejectment by Elizabeth Menges and others, heirs at law of Solomon Menges, deceased, against George Oyster for 300 acres of land. The plaintiffs provéd the original title to have been vested in Solomon Menges, deceased, and that they were his children and heirs at law. The defendants then offered in evidence a mortgage of Solomon Menges to William Parker, dated 1st of June 1833, to secure the payment of $800, “ of all that tract of land situate in Turbet and Muncy Creek townships, in the counties of Lycoming and…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

— It is an error to suppose that judicial equity is as broad as natural justice. Duties of imperfect obligation are too indeterminate in their principles and relations to be subject to human cognizance; and for that reason it seems that more effect was given to a naked moral obligation in Moody v. Vandyke, (4 Binn. 41), than any principle or precedent could be found to warrant. -A purchaser at the sale of a testator’s land by admin*23istrators with the will annexed, who had no authority at that time to execute a testamentary power, was…

2Cases cited2 opinions

  1. Smull v. JonesSupreme Court of Pennsylvania · 1841
  2. Lessee of Moody v. VandykeSupreme Court of Pennsylvania · 1811

3Cited by6 opinions

  1. McLanahan v. GoodmanSupreme Court of Pennsylvania · 1919
  2. Treaster v. FleisherSupreme Court of Pennsylvania · 1844
  3. McLaughlin v. ShieldsSupreme Court of Pennsylvania · 1849
  4. Tonopah Banking Corp. v. McKane Mining Co.Nevada Supreme Court · 1909
  5. Frick v. FiscusSupreme Court of Pennsylvania · 1894

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