Legal Opinion

Hollenberger v. Yaukey

Pennsylvania Court of Common Pleas, Franklin County

Decided October 5, 1891No. 37PublishedCited by 5 opinions

No. 37 May Term 1891,' Sup. Ct.; court below, No. 154 September Term 1889, C. P. On June 20, 1889, John Hollenberger brought assumpsit against Daniel Yaukey, to recover $224.75, alleged to be due from the defendant to the plaintiff. The defendant pleaded non-assumpsit. At the trial, on September 8,1890, the facts appeared as stated in the charge of the court, Stewart, P. J.: We propose to relieve you of all consideration in this case and direct what your verdict shall be.

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No. 37 May Term 1891,' Sup. Ct.; court below, No. 154 September Term 1889, C. P. On June 20, 1889, John Hollenberger brought assumpsit against Daniel Yaukey, to recover $224.75, alleged to be due from the defendant to the plaintiff. The defendant pleaded non-assumpsit. At the trial, on September 8,1890, the facts appeared as stated in the charge of the court, Stewart, P. J.: We propose to relieve you of all consideration in this case and direct what your verdict shall be. The plaintiff seeks to recover in this action the sum of $224.75, with interest from November 27,1888, which he claims to…

1Opinion of the Court

Opinion,

Mb. Justice McCollum :

Samuel Foreman held the land which he received under the will of his father, subject to the payment of interest on $4,812.87 to Mary Foreman during her life, and at her death seven eighths of the principal sum to his brothers and sisters. This was the legal status, after his acceptance of the land at the appraisement, and his execution of the recognizance to secure the dower fund. He was then the owner of the land in fee, subject to the encumbrance mentioned. His share in the valuation was not a lien on his land, but was merged in his title to it: Duey v.…

2Cases cited3 opinions

  1. Erb v. HustonSupreme Court of Pennsylvania · 1852
  2. Updegrove v. UpdegroveSupreme Court of Pennsylvania · 1845
  3. Duey v. ClemensSupreme Court of Pennsylvania · 1845

3Cited by5 opinions

  1. Dull v. SlaterSuperior Court of Pennsylvania · 1906
  2. Baldwin v. SinerSuperior Court of Pennsylvania · 1901
  3. Sachse v. MyersSuperior Court of Pennsylvania · 1900
  4. Vetter v. VetterSuperior Court of Pennsylvania · 1900
  5. McFarlan's EstatePennsylvania Orphans' Court, Chester County · 1937

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