Brady's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Westmoreland county: In the estate of Joseph Brady, deceased: No. 41, to October and November Term 1869. On the 21st of February 1867, Hugh Brady presented a petition to the Orphans’ Court, representing, “ That on the 13th of February 1864, Joseph Brady, of the same township, entered into an article of agreement, in writing, to sell to your petitioner a certain tract of land situate in Hempfield township, on which the said…
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Appeal from the decree of the Orphans’ Court of Westmoreland county: In the estate of Joseph Brady, deceased: No. 41, to October and November Term 1869. On the 21st of February 1867, Hugh Brady presented a petition to the Orphans’ Court, representing, “ That on the 13th of February 1864, Joseph Brady, of the same township, entered into an article of agreement, in writing, to sell to your petitioner a certain tract of land situate in Hempfield township, on which the said Joseph Brady then resided, adjoining lands of James Brady, of which this was formerly a part,” &c., containing about 100…
1Opinion of the Court
The opinion of the court was delivered, November 3d 1870, by
Agnew, J.
— This is a proceeding under the 15th section of the Act of 24th February 1834, in the Orphans’ Court, to obtain a decree for specific performance of a written contract for the sale of land between Joseph Brady and his son Hugh Brady. Hugh Brady, the purchaser, presented the petition against the administrator with the will annexed, and the devisees of Joseph Brady, who died after the written agreement was executed, without making a provision for its performance, and, indeed, having protested against carrying it into…
2Cited by4 opinions
- Byrne's EstateSuperior Court of Pennsylvania · 1936
- VanHorn v. Munnell, Pennsylvania Court of Common Pleas, Lawrence County1891
- Ewing's EstatePennsylvania Orphans' Court, Philadelphia County · 1941
- Gullone v. Credus, Pennsylvania Court of Common Pleas, Monroe County1971