Appeal of Christy
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Cambria county: Of October and November Term 1885, No. 72. This was an appeal by Gallitzin Christy and N. Burk from a decree of said court, overruling exceptions to, and confirming the return to a writ of partition, and granting a rule on. the parties interested in the land partitioned, among whom were appellants, to appear and accept purparts at the appraised value, or to show cause why the same should not be sold.
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Appeal from the Orphans’ Court of Cambria county: Of October and November Term 1885, No. 72. This was an appeal by Gallitzin Christy and N. Burk from a decree of said court, overruling exceptions to, and confirming the return to a writ of partition, and granting a rule on. the parties interested in the land partitioned, among whom were appellants, to appear and accept purparts at the appraised value, or to show cause why the same should not be sold. The facts of the case were as follows ; Francis X. Christy died seised of a large body of lands, underlaid with bituminous coal, on or about…
1Opinion of the CourtJustice Trunkey
Any person aggrieved by a definitive decree of the Orphans’ Court may appeal to the Supreme Court. Much difference of opinion has existed as to what shall be deemed a definitive decree, and some of the decisions touching the point are irreconcilable. In Hess’s Appeal, 1 Watts, 255, it was held that an order of sale for payment of debts is a definitive decree, but that decision was overruled by the late case of Snodgrass’s Appeal, 96 Pa. St., 420. Chief Justice Shakswooij remarked that the conclusion in the latter case harmonizes entirely with Gesell’s Appeal, 84 Id., 238, where it was ruled…
2Cases cited1 opinion
- Hess's AppealSupreme Court of Pennsylvania · 1832
3Cited by6 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Lincoln v. AfricaSupreme Court of Pennsylvania · 1910
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Duffy' EstateSupreme Court of Pennsylvania · 1910
- Stauffer EstatePennsylvania Orphans' Court, Lancaster County · 1954
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