Legal Opinion

Ragan's Estate

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 12 opinions

APPEAL from the decree of the orphan’s court of Bearer county confirming to William Taylor, at the valuation, the real estate of Zachariah Ragan deceased.

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APPEAL from the decree of the orphan’s court of Bearer county confirming to William Taylor, at the valuation, the real estate of Zachariah Ragan deceased. This proceeding was commenced upon the petition of Collins Ragan, who set out in his petition that his father died intestate in Oc- , tober 1827, leaving a widow named Mary, and issue eight children, to wit: “Collins, Alexander (who had received his share of the estate), Joab, since deceased, leaving one child named Zacbariah, Elizabeth, married to John Sutton, James, Zachariab, Harriet, Nancy, and Polly, seised of a tract of land, &c.” The…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

It is the duty of the sheriff, in obedience to his writ, lo give due notice of the making the partition to all the parties in interest. The performance of this duty by the sheriff in this case only appears from the inquisition itself, signed by the jurors and sheriff, in which it is attested that the partition was made in the presence of the parties. Although it does not expressly appear that all the parties were present, yet we attach but little weight to this omission, as we should presume that all things which the act requires from the…

2Cases cited1 opinion

  1. Stoolfoos v. JenkinsSupreme Court of Pennsylvania · 1822

3Cited by12 opinions

  1. Mussleman's AppealSupreme Court of Pennsylvania · 1870
  2. Richards v. RoteSupreme Court of Pennsylvania · 1871
  3. Stoever v. RiceSupreme Court of Pennsylvania · 1838
  4. Painter v. HendersonSupreme Court of Pennsylvania · 1847
  5. Thompson v. StittSupreme Court of Pennsylvania · 1868

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