Deliaven's Estate
Superior Court of Pennsylvania
Appeal, No. 8, Oct. T., 1908, by defendant, from decree of O. C. Lancaster Co., May T., 1902, No. 10, dismissing exceptions to adjudication in Estate of Azariah DeHaven, deceased. Exceptions to adjudication. Before Smith, P. J. From the record it appeared that the question involved was whether a charge of $2,000 on land had been paid or was barred by the Act of April 27, 1855, P. L. 368. The facts of the case appear by the opinion of the Superior Court.
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Appeal, No. 8, Oct. T., 1908, by defendant, from decree of O. C. Lancaster Co., May T., 1902, No. 10, dismissing exceptions to adjudication in Estate of Azariah DeHaven, deceased. Exceptions to adjudication. Before Smith, P. J. From the record it appeared that the question involved was whether a charge of $2,000 on land had been paid or was barred by the Act of April 27, 1855, P. L. 368. The facts of the case appear by the opinion of the Superior Court. Error assigned was decree dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by
Beaver, J.,
This case has had an unusual and, in some respects, a rather remarkable course. It has been heard thrice in this court. An opinion was first handed down December 19, 1903, which does not seem to have been reported, probably for the reason, as explained in DeHaven’s Est., 25 Pa. Superior Ct. 507, that “When the case was formerly argued and submitted no reference whatever was made by the learned counsel for the exceptants to the Act of April 27, 1855, P. L. 368, and in the opinion which we filed on December 19, 1903, the said act was not considered, nor was it contended by…
2Cases cited3 opinions
- Appeal of WingettSupreme Court of Pennsylvania · 1888
- Clay v. McCreanorSuperior Court of Pennsylvania · 1899
- DeHaven's EstateSuperior Court of Pennsylvania · 1904