Legal Opinion

Ake & Feay's Appeal

Supreme Court of Pennsylvania

Decided July 2, 1873PublishedCited by 15 opinions

Appeal from the Orphans’ Court of Blair county: Of May Term 1873, No. 43. The proceeding in this case was commenced February 2d 1866, upon the petition of Thomas Patterson, setting out that, on the 1st of October 1851, he made a contract in writing with Jacob Duck, by which Duck contracted to convey to him the undivided one-fourth of a tract of land in Cambria county, containing three hundred and seventy-seven acres, the tract being held in common with Johnston Moore; the…

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Appeal from the Orphans’ Court of Blair county: Of May Term 1873, No. 43. The proceeding in this case was commenced February 2d 1866, upon the petition of Thomas Patterson, setting out that, on the 1st of October 1851, he made a contract in writing with Jacob Duck, by which Duck contracted to convey to him the undivided one-fourth of a tract of land in Cambria county, containing three hundred and seventy-seven acres, the tract being held in common with Johnston Moore; the petitioner to pay, as the consideration, $600, in the manner stated in the petition. The petition further alleged that the…

1Opinion of the Court

The opinion of the court was delivered, July 2d 1873, by

Sharswood, J. —

The Orphans’ Court is not possessed of general equity jurisdiction, nor do those rules apply to it, which both in England and in this country have so amplified that jurisdiction by enabling it, when once rightfully possessed of a cause, to make a complete end of the controversy. This is certainly a very valúa-' ble principle in the practical administration of justice. But there are many good reasons why it should not be applicable to Orphans’ Courts." It would bring within their reach all matters of controversy or dispute,…

2Cases cited1 opinion

  1. Vicary v. MooreSupreme Court of Pennsylvania · 1834

3Cited by15 opinions

  1. Parsons Trading Co. v. DohanSupreme Court of Pennsylvania · 1933
  2. Miller's EstateSupreme Court of Pennsylvania · 1894
  3. Watson's EstateSupreme Court of Pennsylvania · 1934
  4. Cutter's EstateSupreme Court of Pennsylvania · 1926
  5. Hober's EstateSuperior Court of Pennsylvania · 1935

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