Robb v. Mann
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Lycoming. July 16. This was an action on the case by Henry Robb, administrator, &c., against John E. Mann, to recover the sum of $388.33, with interest from 1st April, 1846, being the balance of the first instalment of purchase-money of a tract of land, sold by the plaintiff to the defendant under an order of sale of the Orphans’ Court, for the payment of debts of the decedent.
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Error to tbe Common Pleas of Lycoming. July 16. This was an action on the case by Henry Robb, administrator, &c., against John E. Mann, to recover the sum of $388.33, with interest from 1st April, 1846, being the balance of the first instalment of purchase-money of a tract of land, sold by the plaintiff to the defendant under an order of sale of the Orphans’ Court, for the payment of debts of the decedent. By the conditions of sale the deed was to be delivered to the purchaser on the 1st April, 1846; but, in consequence of some exceptions being taken to the sale by a creditor, which were not…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
This is an action of assumpsit to recover the amount due on the first instalment of the purchase-money of a farm, sold by the plaintiff as an administrator, pursuant to an order of the Orphans’ Court, and purchased by the defendant.
It is not disputed that the sale was made and confirmed by the court, and that possession was taken of the premises the 8d April, 1846, two days after the time when the possession was to have been delivered. It appears that possession was not delivered, because Jacob Hill, a former owner, who was entitled to…
2Cases cited1 opinion
- Stoever v. RiceSupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- Hess v. Vinton Colliery Co.Supreme Court of Pennsylvania · 1916
- Fry v. National Glass Co.Supreme Court of Pennsylvania · 1908
- Weller v. Broad Street National BankPennylvania Municipal Court, Philadelphia County · 1931