Good v. Herr
Supreme Court of Pennsylvania
ERROR to the District Court of Lancaster county. This was an action of debt by the Commonwealth for the use of Daniel Good, administrator of Emanuel Herr deceased, against Henry Herr and Fanny his wife, brought upon the defendants7 recognizance in the Orphans’ Court, acknowledged and entered into for the use of all persons interested in the real estate of Samuel Herr deceased, late of Strasburg township, on- the 23d day of November 1837, when Fanny Herr, the conusor,…
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ERROR to the District Court of Lancaster county. This was an action of debt by the Commonwealth for the use of Daniel Good, administrator of Emanuel Herr deceased, against Henry Herr and Fanny his wife, brought upon the defendants7 recognizance in the Orphans’ Court, acknowledged and entered into for the use of all persons interested in the real estate of Samuel Herr deceased, late of Strasburg township, on- the 23d day of November 1837, when Fanny Herr, the conusor, accepted a purpart of the real estate of the deceased, at the appraisement of $20,666, 67. The condition of the recognizance…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The release executed by Emanuel Herr is a good defence to the action at law; but this case comes before us under our peculiar system of administering equity, in the nature of an application for relief, as in a bill in chancery. The evidence discloses a case where there was neither fraud, misrepresentation, *256nor surprise; but a mutual mistake, or misconception of law, by both parties. It does not appear that there has been any dispute, misrepresentation, misapprehension or mistake in regard to any fact; for at the time of the execution of the…
2Cases cited3 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Hunt v. RhodesSupreme Court of the United States · 1828
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
3Cited by13 opinions
- Kennedy's EstateSupreme Court of Pennsylvania · 1935
- First National Bank v. RockefellerSupreme Court of Pennsylvania · 1938
- Norris v. CroweSupreme Court of Pennsylvania · 1903
- Gwynn v. Hamilton's Adm'rSupreme Court of Alabama · 1856
- Shields v. HitchmanSupreme Court of Pennsylvania · 1916
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