Smith v. Wildman
Supreme Court of Pennsylvania
Appeal, No. 53, Oct. Term, 1896, by plaintiffs, from judgment of C. P. Greene County, April Term, 1892, No. 128, on verdict for defendant. Ejectment for a tract of land in Springhill township. At the trial it appeared that plaintiffs claimed title as heirs of James Smith, deceased. The defendant claimed title under a decree of the orphans’ court authorizing the sale of the land for the payments of the debts of James Smith, deceased.
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Appeal, No. 53, Oct. Term, 1896, by plaintiffs, from judgment of C. P. Greene County, April Term, 1892, No. 128, on verdict for defendant. Ejectment for a tract of land in Springhill township. At the trial it appeared that plaintiffs claimed title as heirs of James Smith, deceased. The defendant claimed title under a decree of the orphans’ court authorizing the sale of the land for the payments of the debts of James Smith, deceased. The petition for the order of sale, with affidavit attached, was as follows: The petition of William Smith, administrator upon the estate of James Smith, late of…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The question whether under all the circumstances surrounding the parties to this action it is, or is not, conscionable on the part of the plaintiffs is not now before us. The evidence inclines us to think that the circumstances while not amounting to an estoppel at law, are entitled to consideration in foro conscientim. But the assignments of error present only a dry question of law to us. Was the orphans’ court sale of the real estate now in controversy, made in October, 1872, operative to pass a title to the purchaser ? This must depend upon whether the…
2Cases cited20 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Bindley's AppealSupreme Court of Pennsylvania · 1872
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Penn v. HamiltonSupreme Court of Pennsylvania · 1833
- Bashore v. WhislerSupreme Court of Pennsylvania · 1835
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cline v. NibloTexas Supreme Court · 1928
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Towner v. RodegebWashington Supreme Court · 1903
- Tourison's EstateSupreme Court of Pennsylvania · 1936
- In re Real Estate of WheelerOrphan's Court of Delaware · 1917
12 more not listed; retrieve them via the Exa API.