Middleton's Executors v. Middleton
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1884, No. 175. This was a case stated, wherein Charles Middleton et ah, executors of Allen Middleton, deceased, were plaintiffs, and C. Wilmer Middleton was defendant, setting forth the following facts for the judgment of the court as upon a special verdict, the parties reserving the right to take a writ of error from the judgment:— Defendant agreed to purchase from plaintiffs two certain…
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1884, No. 175. This was a case stated, wherein Charles Middleton et ah, executors of Allen Middleton, deceased, were plaintiffs, and C. Wilmer Middleton was defendant, setting forth the following facts for the judgment of the court as upon a special verdict, the parties reserving the right to take a writ of error from the judgment:— Defendant agreed to purchase from plaintiffs two certain tracts of lands situated in the city of Philadelphia, late in the township of Lower Dublin, county of Philadelphia,…
1Opinion of the CourtJustice Stekrett
The general question presented by the case stated is, *261whether the plaintiffs’ title to certain real estate, of which John W. Middleton died seized, is such as the defendant is bound to accept.
In February, 1873, Allen Middleton, plaintiffs’ testator, obtained judgment against John W. Middleton, the then owner in fee of the real estate in question. Within five years thereafter, a scire facias to revive, &c., was issued against the defendant in the judgment, to which he pleaded payment, and the issue joined thereon was pending and undetermined at the time of his decease in December, 1878. No…
2Cases cited2 opinions
- White v. LuningSupreme Court of the United States · 1876
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- Carroll v. MinerSuperior Court of Pennsylvania · 1896
- Colenburg v. VenterSupreme Court of Pennsylvania · 1896
- Groyer v. BoonSupreme Court of Pennsylvania · 1889
- Specht v. SipeSuperior Court of Pennsylvania · 1900
- Biesecker v. CobbSuperior Court of Pennsylvania · 1900
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