Appeal by Withers
Supreme Court of Pennsylvania
APPEAL. This case came before the court on an appeal by John Withers, from the decree of the Orphans’ Court of Lancaster county, on a citation to Michael Withers jr. and others, to show cause why a certain judgment of Michael Withers and Samuel Eshelman, assignees of John Evans against Michael Withers, jr. should not be paid first, out the said Michael W'ithers, jr’s. share of the proceeds of his father’s estate, sold by his administrators under an order of the Orphans’…
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APPEAL. This case came before the court on an appeal by John Withers, from the decree of the Orphans’ Court of Lancaster county, on a citation to Michael Withers jr. and others, to show cause why a certain judgment of Michael Withers and Samuel Eshelman, assignees of John Evans against Michael Withers, jr. should not be paid first, out the said Michael W'ithers, jr’s. share of the proceeds of his father’s estate, sold by his administrators under an order of the Orphans’ Court. The facts, as they appeared in a case stated, were these: A certain Matthew Irwin having arrested Michael Withers,…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
I refer to the case stated on the appeal, for the facts, and on that statement, proceed to give the opinion of the court.
The interest of Michael Withers in his father’s lands, until it was sold by the administrators, continued real estate. It was not possible by mere words to convert it into personal property so as to affect the lien of any third person; the judgment of Evans assigned to Eshelman bound it at law.
Nothing could be more pernicious than cases of parol trust or secret understandings, and nothing Could be more secret than the trust…
2Cases cited1 opinion
- Wallace v. DuffieldSupreme Court of Pennsylvania · 1816
3Cited by3 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Gratz v. GratzSupreme Court of Pennsylvania · 1834
- Caulk v. EverlySupreme Court of Pennsylvania · 1841