McClure v. McClure
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of ejectment brought to enforce the payment of the balance of the purchase money due on an article of agreement, not under seal, dated April 10, 1819, by which Daniel McClure, the father of plaintiffs, agreed to sell to defendants his interest, as a devisee, in the real estate of their father, William McClure, deceased, for four hundred and fifty dollars.
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Error to the District Court of Allegheny county. This was an action of ejectment brought to enforce the payment of the balance of the purchase money due on an article of agreement, not under seal, dated April 10, 1819, by which Daniel McClure, the father of plaintiffs, agreed to sell to defendants his interest, as a devisee, in the real estate of their father, William McClure, deceased, for four hundred and fifty dollars. At the same time that this action of ejectment was pending, an action of partition was pending in the same court, in which the defendants in the action of ejectment were…
1Opinion of the Court
The opinion of the court was delivered by
Coulter, J.
— The case does not involve or permit the application of the principle of law, upon which the defendant below and the defendant in error rests his cause. There is no doubt whatever, that the judgment of a court of competent jurisdiction, directly on the point, is conclusive of it, where coming collaterally into contest, between the same parties, in a subsequent proceeding. But the point in contest here, was not ruled in the action of partition, and would not have been decided, even if the plaintiffs had attempted there to draw it into…
2Cited by5 opinions
- Kaufmann v. PittsburghSupreme Court of Pennsylvania · 1915
- Perrine v. KohrSupreme Court of Pennsylvania · 1903
- Estate of Tettemer, Pennsylvania Court of Common Pleas, Lehigh County1981
- Chambers v. ReinholdSuperior Court of Pennsylvania · 1907
- Schmucker v. AdamsSuperior Court of Pennsylvania · 1910