Mitchell v. Hamilton
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin county. Samuel Cochran by his will in 1816 devised the lands in question to be sold by his executors, William Cochran and another, and the proceeds to be divided among testator’s daughters. In 1828, the executors conveyed to Margaret Mitchell. In 1836, Margaret Mitchell appointed William Cochran her attorney, to farm the land for her. Whilst he was in possession of the land, judgment was qbtained against him.
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In error from the Common Pleas of Dauphin county. Samuel Cochran by his will in 1816 devised the lands in question to be sold by his executors, William Cochran and another, and the proceeds to be divided among testator’s daughters. In 1828, the executors conveyed to Margaret Mitchell. In 1836, Margaret Mitchell appointed William Cochran her attorney, to farm the land for her. Whilst he was in possession of the land, judgment was qbtained against him. In 1840, Margaret Mitchell conveyed to William Mitchell. In 1842, a scire facias issued on the judgment against William Cochran, against his…
1Opinion of the CourtGibson, C. J.
No man is more thoroughly convinced, than I am, of the wisdom of abiding by what has been decided. Want of stability in the law, is a public calamity which ought to be averted by almost any concession of opinion ; yet in building up a new system in part on the model of an old one, it is better to incur the reproach of inconsistency than to perpetuate a false principle. Where we have not been following a beaten path, but have been exploring untrodden ground; and where we find that we have lost our way, as we sometimes must; it is certainly the part of wisdom to retrace our steps, rather than…
2Cited by12 opinions
- Handel & Hayden Building & Loan Ass'n v. EllefordSupreme Court of Pennsylvania · 1917
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
- Cusano v. RubolinoSupreme Court of Pennsylvania · 1944
- Blasi v. AlexanderSuperior Court of Pennsylvania · 1961
- So. Cent. B. L. Assn. v. MilaniSupreme Court of Pennsylvania · 1930
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