Legal Opinion

Hayden v. Mentzer

Supreme Court of Pennsylvania

Decided October 17, 1823PublishedCited by 1 opinion

This was a writ of error to the Court of Common Pleas of Franklin, county, in an amicable action entered in the name of Richard Hayden and Rachael his wife against C. Mentzer and others in pursuance of the recommendation of the Orphans’ Court, for the purpose of ascertaining the amount of advancement made by David Mentzer, deceased, in his life time, to Rachael Hayden, late Rachael Topper, one of his daughters, and a plaintiff in this action.

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This was a writ of error to the Court of Common Pleas of Franklin, county, in an amicable action entered in the name of Richard Hayden and Rachael his wife against C. Mentzer and others in pursuance of the recommendation of the Orphans’ Court, for the purpose of ascertaining the amount of advancement made by David Mentzer, deceased, in his life time, to Rachael Hayden, late Rachael Topper, one of his daughters, and a plaintiff in this action. It appeared on the trial, that articles of agreement were executed on the 10th May, 1807, between David Mentzer and Andrew Topper, (former husband of…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

This was an amicable action, instituted for the purpose of ascertaining whether Rachael, the wife of Richard Hayden, had received any things and how much, as an advancement, from her father David Mentzer, deceased, during his life. It was proved, that David Mentzer had entered into written articles of agreement, with his son-in-law Andrew Topper, deceased, the former husband of his daughter Rachael (now the wife of Richard Hayden, and one of the plaintiffs,) by which he covenant-, ®d to convey to the said Topper in fee, a tract of land,…

2Cited by1 opinion

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