Dull v. Slater
Superior Court of Pennsylvania
Appeal, No. 38, April T., 1906, by defendants, from order of C. P. Fayette Co., Sept. T., 1904, No. 127, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George Walter Dull et al. v. Joseph D. Slater, with notice to Charles P. Newell, Terretenant. Assumpsit to enforce a charge on land. Before Umbel, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 38, April T., 1906, by defendants, from order of C. P. Fayette Co., Sept. T., 1904, No. 127, making absolute rule for judgment for want of a sufficient affidavit of defense in case of George Walter Dull et al. v. Joseph D. Slater, with notice to Charles P. Newell, Terretenant. Assumpsit to enforce a charge on land. Before Umbel, J. The facts are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.’
1Opinion of the Court
Opinion by
Head, J.,
Daniel W. Dull died on May 5, 1891, intestate, leaving him to survive, a widow Rebecca Dull, since deceased, and five children, the plaintiffs in the present action. At the time of his death he was the equitable owner of a tract of land containing some eighty-seven acres. This land had formerly belonged to his father, George Dull, who died seized thereof, intestate, in 1880, leaving him to survive a widow, Margaret B. Dull, and nine children, of whom said Daniel W. was one. Shortly after the death of said George Dull, his widow and eight children, other than Daniel, all…
2Cases cited7 opinions
- De Haven v. BartholomewSupreme Court of Pennsylvania · 1868
- Dech v. GluckSupreme Court of Pennsylvania · 1864
- Hollenberger v. Yaukey, Pennsylvania Court of Common Pleas, Franklin County1891
- Erb v. HustonSupreme Court of Pennsylvania · 1852
- Fenton v. FentonSupreme Court of Pennsylvania · 1904
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3Cited by2 opinions
- Hurst v. SpottsSupreme Court of Pennsylvania · 1928
- Jack's EstatePennsylvania Orphans' Court, Lancaster County · 1947