Hess's Appeal
Supreme Court of Pennsylvania
APPEAL from the orphan’s court of Lancaster county. This is an appeal from a decree of the orphan’s court of the county of Lancaster, confirming a sale made of the real estate of John Hess deceased, by his administrators, for the purpose of paying his debts; in pursuance of a decree previously made by the same court.
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APPEAL from the orphan’s court of Lancaster county. This is an appeal from a decree of the orphan’s court of the county of Lancaster, confirming a sale made of the real estate of John Hess deceased, by his administrators, for the purpose of paying his debts; in pursuance of a decree previously made by the same court. The order for the sale was made on the 30th day of December 1828, directing the administrators to sell on the 24th of January then'next following, and to make report of the same to the court on the third Monday of March ensuing. On the 22d day of January 1829, two days before the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
To support this sale and the decree of confirmation by the orphan’s court, it has been contended in the first place, that the appeal from the order of sale was not a supersedeas to the execution of it; and that the administrators had a right, if they chose, to go on with the sale notwithstanding, taking the responsibility of it upon themselves; and if it turned out afterwards that the order for the sale should be affirmed upon the appeal, that then the sale would be good, whatever might have been the effect of its reversal. This notion, I…
2Cited by10 opinions
- Appeal of SnodgrassSupreme Court of Pennsylvania · 1880
- In re the Dissolution of the Titusville Oil ExchangeSuperior Court of Pennsylvania · 1899
- Appeal of ChristySupreme Court of Pennsylvania · 1885
- Barbara Gesell's AppealSupreme Court of Pennsylvania · 1877
- Holden's Administrators v. M'Makin, Pennsylvania Court of Common Pleas, Philadelphia County1847
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