Hassler's Appeal
Supreme Court of Pennsylvania
APPEAL by the executors of Joseph Hassler, from the decree of the orphans’ court of York county of the 7th of August 1835. In 1813, Christian Hassler died intestate seised of real estate in the county of York, and leaving a widow and eight children, among whom was a daughter, Margaret, then a minor. On the 5th of November 1813, the orphans’ court, on the petition of one of the sons, (Christian) awarded an inquest to make partition of the real estate of said deceased.
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APPEAL by the executors of Joseph Hassler, from the decree of the orphans’ court of York county of the 7th of August 1835. In 1813, Christian Hassler died intestate seised of real estate in the county of York, and leaving a widow and eight children, among whom was a daughter, Margaret, then a minor. On the 5th of November 1813, the orphans’ court, on the petition of one of the sons, (Christian) awarded an inquest to make partition of the real estate of said deceased. The inquest divided said land into several tracts, one of which, marked No. 1, was valued at 4091 dollars. On the 10th day of…
1Per curiam
The 'decree had, by relation, become part of the recognizance; and to alter the one, was to alter the other. To do that, required a stretch of power as palpable as that which was the subject of judicial animadversion in Catlin v. Robinson, 3 Watts 373. There, a title was'attempted to be destroyed; here, a debt is attempted to be fixed on a party by means of a contract into which he had not entered, and this, too, after the money had been paid to another under a decree of the same court which attempts to fix him with payment of it a second time. It certainly ought not to repair the…
2Cases cited1 opinion
- Bowman's AppealSupreme Court of Pennsylvania · 1834
3Cited by2 opinions
- Road in Dunbar TownshipSuperior Court of Pennsylvania · 1900
- Hutchinson v. CrossenMassachusetts Supreme Judicial Court · 1813