Evans v. Mengel
Supreme Court of Pennsylvania
ERROR to the common pleas of Berks comity. Jonathan Jones and Davis Jones, executors of John Jones, surviving executor of John Evans, deceased, for the use of the heirs and legal representatives of the said John Evans, deceased, against Henry Mengel.
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ERROR to the common pleas of Berks comity. Jonathan Jones and Davis Jones, executors of John Jones, surviving executor of John Evans, deceased, for the use of the heirs and legal representatives of the said John Evans, deceased, against Henry Mengel. This was an action of debt on four bonds, conditioned for the payment of 1200 pounds each, with interest from the 1st of April 1816 The great quantity of parol and record evidence given in the case, renders it inconvenient to report it; and as many of the points discussed in the court below were not argued or decided in this court, we have…
1Opinion of the CourtKennedy, J.
The decision of the question, involved in the first *73error assigned, does not appear to have been raised by the evidence given on the trial of the cause; and the determination of it by the court below would therefore seem to have been unnecessary; or if it was, the evidence showed clearly that the arrangement under which the mortgage was taken, whatever it might have been, was fully assented to and ratified by all the guardians subsequently, when the mortgaged land came to be sold by the sheriff under executions sued out upon judgments had in suits commenced and prosecuted on some of the…
2Cases cited1 opinion
- Stouffer v. LatshawSupreme Court of Pennsylvania · 1834
3Cited by5 opinions
- Thirteenth & Fifteenth Street Passenger Railway v. BoudrouSupreme Court of Pennsylvania · 1880
- Moore's Executors v. PattersonSupreme Court of Pennsylvania · 1857
- Kramer v. DinsmoreSupreme Court of Pennsylvania · 1893
- Evans v. MengelSupreme Court of Pennsylvania · 1846
- Surviving Executors of Jones v. MengelSupreme Court of Pennsylvania · 1845