Painter v. Henderson
Supreme Court of Pennsylvania
In error to tbe Common Pleas of Westmoreland. Oct. 14. Case stated in tbe nature of a special verdict. Tbe action was covenant on articles to recover tbe purebase-money of land; and tbe questions were, tbe validity of two objections to tbe title; it being conceded possession bad been taken, and a deed tendered, pursuant to tbe articles.
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In error to tbe Common Pleas of Westmoreland. Oct. 14. Case stated in tbe nature of a special verdict. Tbe action was covenant on articles to recover tbe purebase-money of land; and tbe questions were, tbe validity of two objections to tbe title; it being conceded possession bad been taken, and a deed tendered, pursuant to tbe articles. Tbe case was this: Hamilton died prior to 1815, leaving a widow Christine, and collateral beirs, one of whom was A. Henderson, wbo was also one of bis administrators. On tbe petition of the beirs for partition, a sale was ordered by tbe Orphans’ Court, and…
1Opinion of the CourtRogers, J.
The defendant objects to the recovery of the plaintiff because of an alleged defect of title in Christine Henderson, the vendor. The objections are two-fold: first, to the title of Alexander Henderson, through whom the vendor claims ; and, secondly, to the decree of the Orphans’ Court vesting the property in the widow of the intestate.
The law has wisely forbidden a trustee, administrator, or executor, to act in the double capacity of seller and buyer. The transaction is a legal fraud. But a deed in such case is not absolutely void; and, therefore, no party to the deed, or others claiming…
2Cases cited4 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Ragan's EstateSupreme Court of Pennsylvania · 1838
- Stoolfoos v. JenkinsSupreme Court of Pennsylvania · 1822
- Fogelsonger v. SomervilleSupreme Court of Pennsylvania · 1820
3Cited by10 opinions
- Tracy, Co-Trustees v. Central Tr. Co.Supreme Court of Pennsylvania · 1937
- Estate of DanhouseSupreme Court of Pennsylvania · 1889
- Herbert v. Northern Trust Co.Supreme Court of Pennsylvania · 1921
- Wing & Evans v. HartupeeCourt of Appeals for the Third Circuit · 1903
- Mosely's EstatePennsylvania Orphans' Court, Cumberland County · 1940
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