Martzell v. Stauffer
Supreme Court of Pennsylvania
IN ERROR. Error to the district court for the city and county of Lancaster. This was an action of indebitatus assumpsit for money had and received, brought by Philip Martzell against Christian Stauffer, to recover from the defendant a sum of money, which he bad received for the plaintiff, as a trustee, appointed underthe will of Wendal Martzell, deceased, which so far ,as it related te this case was as follows: “Item.
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IN ERROR. Error to the district court for the city and county of Lancaster. This was an action of indebitatus assumpsit for money had and received, brought by Philip Martzell against Christian Stauffer, to recover from the defendant a sum of money, which he bad received for the plaintiff, as a trustee, appointed underthe will of Wendal Martzell, deceased, which so far ,as it related te this case was as follows: “Item. It is my will that my two sons John and Christian shall buy a piece of land for my son Philip, with necessary buildings of the value not less than five hundred pounds, but with…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
Wendal Martzell, made his’last will and testament, and among other matters devised as follows: Item. It is my will that my two sons, John and Christian, shall buy a piece of land for my son Philip, with the necessary buildings, of the value not less than five hundred pounds, and with the said Philip's consent, and they shall help him with farming utensils, horses, cows, wagon, and such other articles, that he would want, to cultivate *400the land, if bought; but the title, (if any land is bought,) shall be made to his children, and their heirs…
2Cases cited3 opinions
- Cope v. SmithSupreme Court of Pennsylvania · 1822
- Brown v. FurerSupreme Court of Pennsylvania · 1818
- Bixler v. KunkleSupreme Court of Pennsylvania · 1828