Stine v. Sherk
Supreme Court of Pennsylvania
ERROR to Common Pleas of Lebanon county. Casper Sherk and Anna his wife against Daniel Stine, administrator of Samuel Sherk. This was an issue directed by the Orphan’s Court to try the right of the plaintiffs to certain moneys, the proceeds of the estate of Samuel Sherk deceased. Lebanon County, ss.
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ERROR to Common Pleas of Lebanon county. Casper Sherk and Anna his wife against Daniel Stine, administrator of Samuel Sherk. This was an issue directed by the Orphan’s Court to try the right of the plaintiffs to certain moneys, the proceeds of the estate of Samuel Sherk deceased. Lebanon County, ss. Daniel Stine, administrator of Samuel Sherk. deceased, was summoned to answer Casper Sherk and Anna his wife, of a plea of trespass on the case, on promises, &c.; and whereas, the said Casper Sherk and Anna his wife, by George W. Kline, their attorney, complain: for that whereas, heretofore, to…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The plaintiff, with the bond in her possession, has suffered more than fourteen years to elapse, without making a demand of the annual interest, and without resorting to any legal proceeding against the son to recover it. After the event has occurred of the death of her son, leaving lawful issue, by Which the bond has, according to its condition, become void, the effort is to change it into another and totally different agreement. To set *202aside a solemn instrument between the parties under such circumstances, and to convert it into an…
2Cited by15 opinions
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