Cobb's v. Burns
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: No. 88, to July Term 1868. In the court below this was an issue from the Orphans’ Court to the Court of Common Pleas of Luzerne county.
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Error to the Court of Common Pleas of Luzerne county: No. 88, to July Term 1868. In the court below this was an issue from the Orphans’ Court to the Court of Common Pleas of Luzerne county. On the 25th day of November 1864, John Cobb and wife entered into a written agreement with Amzi L. Burns and Mary Jane his wife, by which, for the consideration of $2500, to be paid before the 25th of March 1865, Cobb and wife agreed to convey in fee simple to Burns and wife, a tract of 239 acres of land, when the payments and performances should have been made and performed, with this encumbrance, viz.:…
1Opinion of the Court
The opinion of the court was delivered, March 18th 1869, by
Agnew, J.
The jurisdiction to decree specific performance of the contract of a decedent for the sale of real estate belongs to the Orphans’ Court, under the 15th section of the Act of 24th February 1834. It cannot delegate this jurisdiction to the Court of Common Pleas. An order of the Orphans’ Court which merely “ directs an issue in the matter of specific performance of contract” in a case before the court, and certifies it in these words only) is simply void. It ascertains no fact in dispute, and certifies nothing to be tried. If it…
2Cases cited1 opinion
- Robinson v. ZollingerSupreme Court of Pennsylvania · 1840
3Cited by4 opinions
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- Knowles v. JacobsSuperior Court of Pennsylvania · 1897
- Schoonover v. RalstonSuperior Court of Pennsylvania · 1904
- Evolo Liquor License CaseSuperior Court of Pennsylvania · 1964