Klingensmith v. Bean
Supreme Court of Pennsylvania
ERROR to the common pleas of Mercer county. This was an action of ejectment, brought by the defendants in error as the heirs of Robert Bean deceased, to recover a tract of four hundred acres of land. The defendant admitted that Robert Bean died seised, but claimed title to the land by virtue of a deed from Joseph Keck, acting administrator of the intestate, to William Scott, executed in pursuance of an order of the orphan’s court.
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ERROR to the common pleas of Mercer county. This was an action of ejectment, brought by the defendants in error as the heirs of Robert Bean deceased, to recover a tract of four hundred acres of land. The defendant admitted that Robert Bean died seised, but claimed title to the land by virtue of a deed from Joseph Keck, acting administrator of the intestate, to William Scott, executed in pursuance of an order of the orphan’s court. At an adjourned session of the orphan’s court of Mercer county, held the 20th of January 1818, on the petition of the administrator, the court granted an order to…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, Ji—
It is the usual practice of the orphan’s court to appoint the day of sale, and to make the proceedings of the administrator returnable to the next orphan’s court. In such cases the administrator begins the sale on the day appointed, and in his discretion adjourns the sale to a day certain. If a term intervenes, it is the practice to apply to the court for a continuance of the order. But although this is the usual practice, it is not universal. There is nothing in the act of 1794 which directs this mode, nor is there any thing which prevents…
2Cases cited6 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- App v. DreisbachSupreme Court of Pennsylvania · 1830
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Messinger v. KintnerSupreme Court of Pennsylvania · 1811
- Respublica v. RossSupreme Court of Pennsylvania · 1795
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mussleman's AppealSupreme Court of Pennsylvania · 1870
- Thompson v. CrockerSupreme Court of Colorado · 1893
- Sankey's AppealSupreme Court of Pennsylvania · 1867
- Smith v. WildmanSupreme Court of Pennsylvania · 1896