Clark v. Williamson
Supreme Court of Pennsylvania
Writ of error' to the Court of Common Pleas of Cumberland county, in an action of ejectment, in which the plaintiff 'in error was plaintiff belów, and claimed two undivided sixth parts of a tract of land.
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Writ of error' to the Court of Common Pleas of Cumberland county, in an action of ejectment, in which the plaintiff 'in error was plaintiff belów, and claimed two undivided sixth parts of a tract of land. The facts material to the case appearing in evidence on the trial, were as follow:— Robert Coffee béing seiséd of the whole tract in question, died about the year 1800, leaving a widow and five children, having duly made his last'will, as follows:— , ' “ I give 'unto my beloved wife, Nancy, during her life time, or widowhood, all.my estate, real or personal, to be by her applied towards…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
— I cannot say that the third assignment of error, relative to the effect of the parol sales, hás been sustained by the plaintiff in error. With one exception, neither the points of law submitted to the court below, nor the answer to them, have.been placed on the record. If the shares of Thomas and John, are to be considered as real estate at the'.time of the judgment against them, and not as a mere right to the proceeds of the money, then, clearly, by the statute of frauds the purchaser at sheriff’s sale is not to be affected by any.secret…
2Cited by5 opinions
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- Graziani v. ErnstCourt of Appeals of Kentucky · 1916
- Tennant v. WatsonSupreme Court of Arkansas · 1893
- Nix v. Jos. Petrie & Co.Louisiana Court of Appeal · 1921