Oeslager v. Fisher
Supreme Court of Pennsylvania
Error from the Common Pleas of York county. May 19. — This was an action on a bond for the purchase money of a house and lot, dated in May, 1843, in which the defence set up was a defect in the title. The circumstances relied on were these : In tlie year 1825, Elizabeth Koons, by her will, gave to the children of her son Jacob, a legacy, to be deducted out of bonds due by him to her, and appointed John Koons and G. Spangler her executors.
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Error from the Common Pleas of York county. May 19. — This was an action on a bond for the purchase money of a house and lot, dated in May, 1843, in which the defence set up was a defect in the title. The circumstances relied on were these : In tlie year 1825, Elizabeth Koons, by her will, gave to the children of her son Jacob, a legacy, to be deducted out of bonds due by him to her, and appointed John Koons and G. Spangler her executors. In 1826, an action of debt was instituted by the executors of Elizabeth, against Jacob, in which judgment was recovered, in 1828, for $466. The statement…
1Opinion of the CourtSergeant, J.
— We are of opinion that no valid objection to this title appears to be made out on the part of the defendant below. As far back as 1827, Koons, one of the executors, bought the lot at sheriff’s sale, on an execution issued upon a judgment which he and the other executor obtained against Jacob Koons the then owner, and took the deed to himself in trust for the estate of Elizabeth Koons, deceased. This was in fact a deed in trust for himself as executor, for he, as such, represented the estate of the deceased. No other cestui que trusts are named or referred to by description. By this deed the…
2Cases cited1 opinion
- Appeal in the case of Billington's EstateSupreme Court of Pennsylvania · 1831
3Cited by6 opinions
- Robinson v. PierceSupreme Court of Pennsylvania · 1924
- Simmons v. O'ConnorCourt of Appeals of Texas · 1941
- Reed v. MellorSupreme Court of Pennsylvania · 1888
- Colladay's EstatePennsylvania Orphans' Court, Philadelphia County · 1944
- Fullerton v. Shuster, Pennsylvania Court of Common Pleas, Beaver County1944
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