Beeson v. M'Nabb
Supreme Court of Pennsylvania
WRIT of error to Fayette county. The children of John Stidger deceased, presented a petition to the orphan’s court for a writ of partition and valuation of the real estate of their deceased father: the matter was proceeded in until an order to sell was granted, and a sale made to George Bently upon the condition, that one-third of the purchase money should remain in the hands of the purchaser, the interest of which should be paid to the widow annually.
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WRIT of error to Fayette county. The children of John Stidger deceased, presented a petition to the orphan’s court for a writ of partition and valuation of the real estate of their deceased father: the matter was proceeded in until an order to sell was granted, and a sale made to George Bently upon the condition, that one-third of the purchase money should remain in the hands of the purchaser, the interest of which should be paid to the widow annually. Bently transferred his bid to Henry Beeson, the defendant in this suit, to whom the heirs made a conveyance. The order of the orphan’s court…
1Per curiam
The proceeding in the orphan’s court was left incomplete ; but it is not for the defendant below to take advantage of it. There was a parol sale under an order of the orphan’s court, and a delivery of the possession to him as a purchaser, pursuant to it; which, with payment of a considerable part of the purchase money, took the contract out of the statute of frauds, so that if the matter even stood upon that, it could not be disputed but that an equitable title passed. To complete the legal title in the orphan’s court, it was necessary to have the order returned, the sale confirmed, and the…
2Cited by1 opinion
- Beeson v. McNabbSupreme Court of Pennsylvania · 1846