Legal Opinion

Mussleman's Appeal

Supreme Court of Pennsylvania

Decided May 12, 1870No. 109PublishedCited by 16 opinions

Appeal from the decree of the Court of Common Pleas of Qumberland county: In Equity: No. 109, to May Term 1870. In the court below this was a bill by John Mussleman, executor, &c., of Samuel Mussleman, deceased, against James I). Bell, to enforce the specific performance of a sale of the land of the decedent sold by the executor after his death.

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Appeal from the decree of the Court of Common Pleas of Qumberland county: In Equity: No. 109, to May Term 1870. In the court below this was a bill by John Mussleman, executor, &c., of Samuel Mussleman, deceased, against James I). Bell, to enforce the specific performance of a sale of the land of the decedent sold by the executor after his death. The decedent died August 31st 1868; his will, proved September 7th 1868, contained the following provisions:— “ I will and order that my farm, with the appertenances, containing one hundred and thirty-six acres, be sold to the best advantage during…

1Opinion of the Court

The opinion of the court was delivered, July 7th 1870, by

Agnew, J.

In the early period of the Orphans’ Court in this state, it occupied a low place in the judicial system ; and even in the first quarter of this century, its decrees could be set aside collaterally: Messinger v. Kintner, 4 Binney 97; Snyder’s Lessee v. Snyder, 6 Binney 488. In the latter case Judge Yeates questioned the doctrine, and did so again in Huckle v. Phillips, 2 S. & R. 10. It was not until the able and exhaustive opinion of Judge Duncan, delivered in 1824, in McPherson v. Cunliff, 11 S. & R. 422, which settled the…

2Cases cited5 opinions

  1. Ragan's EstateSupreme Court of Pennsylvania · 1838
  2. Seider v. SeiderSupreme Court of Pennsylvania · 1840
  3. Ley v. HuberSupreme Court of Pennsylvania · 1834
  4. Klingensmith v. BeanSupreme Court of Pennsylvania · 1834
  5. Wetherill v. SeitzingerSupreme Court of Pennsylvania · 1844

3Cited by16 opinions

  1. Williams' EstateSupreme Court of Pennsylvania · 1912
  2. Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
  3. Long's EstateSupreme Court of Pennsylvania · 1916
  4. City of New Castle v. Whaley's HeirsSuperior Court of Pennsylvania · 1931
  5. Carney v. Merchants' Union Trust Co.Supreme Court of Pennsylvania · 1916

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