Galbraith v. Galbraith
Supreme Court of Pennsylvania
ERROR to the district court of Lancaster county. Walter Franklin, Esq., president of the orphans’ court, &c., for the use of Bartram Galbraith against James Galbraith, recognizor, with notice to Andrew Hershy and others, terre-tenants. Debt on recognizance in the orphans’ court.
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ERROR to the district court of Lancaster county. Walter Franklin, Esq., president of the orphans’ court, &c., for the use of Bartram Galbraith against James Galbraith, recognizor, with notice to Andrew Hershy and others, terre-tenants. Debt on recognizance in the orphans’ court. This was an action of debt on the recognizance of James Galbraith, acknowledged on the 23d of April 1808, in the orphans’ court, of Lancaster county, for 20,200 dollars, conditioned to pay the widow and children of Bartram Galbraith, deceased, their several and respective shares of the valuation money of the real…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first and principal question in this case is, what is the proper construction of the proceedings in the partition, in relation to the quantity and value of the property taken by James Galbraith at the appraisement. The original petition, describes the property as “ a certain plantation, situate on the river Susquehanna, adjoining lands of Jonathan Hoff, John Horst, and Samuel Galbraith, containing two hundred acres, be the same more or less.” The inquisition states, that the jury had viewed “ a certain plantation and tract of land,…
2Cases cited6 opinions
- Smith v. EvansSupreme Court of Pennsylvania · 1813
- Frederick ex rel. Frederick v. CampbellSupreme Court of Pennsylvania · 1825
- Bixler v. KunkleSupreme Court of Pennsylvania · 1828
- Shannon v. Commonwealth ex rel. LazarusSupreme Court of Pennsylvania · 1822
- Klinker's AppealSupreme Court of Pennsylvania · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harrell v. HillSupreme Court of Arkansas · 1857
- Kreiter v. BombergerSupreme Court of Pennsylvania · 1876
- Coughenour's Adm'rs v. StauftSupreme Court of Pennsylvania · 1875
- Morris v. GalbraithSupreme Court of Pennsylvania · 1839
- Hershey v. KeembortzSupreme Court of Pennsylvania · 1847
3 more not listed; retrieve them via the Exa API.