Legal Opinion

Shelly v. Shelly

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 8 opinions

ERROR to the Common Pleas of Bucks county. This was an action on the case brought by Abraham Shelly, defendant in error, against Henry Shelly, plaintiff in error, to recover the sum of $176.73, with interest from the death of Ann Yeakle, the widow of David Yeakle, deceased, alleged to be due to the heirs of David Yeakle, deceased, out of the land in possession of the defendant.

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ERROR to the Common Pleas of Bucks county. This was an action on the case brought by Abraham Shelly, defendant in error, against Henry Shelly, plaintiff in error, to recover the sum of $176.73, with interest from the death of Ann Yeakle, the widow of David Yeakle, deceased, alleged to be due to the heirs of David Yeakle, deceased, out of the land in possession of the defendant. On the trial the court directed the jury to bring in their verdict for the plaintiff (without prejudice), and entertained a motion for a new trial, and gave the defendant a bill of exceptions. The death of the…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

In the case of the estate of Gen. William Alexander, the clerk of the Orphans’ Court made out some two hundred and fifty recognizances, for the several sums due to each of a great number of heirs presently, as well as for the sums which would be due thereafter. On an appeal, the court did not allow his bill of fees. The usual form of a recognizance to pay to the heirs the sums which should be due to each was said to be of long standing, and fully sufficient for the security of all and every one. In such case each could sue, though not named.…

2Cited by8 opinions

  1. Hurst v. SpottsSupreme Court of Pennsylvania · 1928
  2. Dech v. GluckSupreme Court of Pennsylvania · 1864
  3. Williams's AppealSupreme Court of Pennsylvania · 1864
  4. Smith v. DanielsonSuperior Court of Pennsylvania · 1911
  5. Peters's EstateSuperior Court of Pennsylvania · 1901

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