Weyand v. Weller
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Somerset county. This was an appeal by Daniel Weyancl from the decree of the Orphans’ Court in certain proceedings had therein, in relation to the rescission of a decree for the specific performance of a contract for the exchange of real estate between John Hay and Michael Hay, deceased.
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Appeal from the Orphans’ Court of Somerset county. This was an appeal by Daniel Weyancl from the decree of the Orphans’ Court in certain proceedings had therein, in relation to the rescission of a decree for the specific performance of a contract for the exchange of real estate between John Hay and Michael Hay, deceased. The history of this case, and all the material facts connected with it, are fully and clearly set forth in the opinion of this court, which was delivered, July 24th 1861, by
1Opinion of the CourtThompson, J.
This is a novel case throughout; it is a case in equity in the,Orphans’ Court. It appears by the plaintiff’s bill or petition, that he seeks to rescind a decree of the Orphans’ Court, made more than six years before his application.
It seems that about the year 1840, John Hay, and Michael Hay his father, made an exchange of lands; the former was to pay the latter certain boot-money; possession interchangeably delivered, and the money paid. Some time after this, Michael Hay died, and, in process of time, his executors sold and conveyed a part of Michael’s estate, including the land received in…
2Cited by3 opinions
- Mains's EstateSupreme Court of Pennsylvania · 1936
- Farrer v. DenningSuperior Court of Pennsylvania · 1899
- In re Halohan Petition, Pennsylvania Court of Common Pleas, Philadelphia County1952