Hellman ex rel. Miltenberger v. Hellman
Supreme Court of Pennsylvania
On the return of a writ of error to the Court of Common Pleas of Northampton County, it appeared from the record, that this suit was brought by John Heilman, who sued for the use of his trustee, Nicholas Miltenberger, against Abraham Heilman and Daniel Rohn, executors of Christian Heilman, deceased, Abraham Heilman, devisee of the lands and tenements whereof the said Christian Hellman died seized in his demesne as of fee, and J. C. Becker, tenant of the said lands and…
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On the return of a writ of error to the Court of Common Pleas of Northampton County, it appeared from the record, that this suit was brought by John Heilman, who sued for the use of his trustee, Nicholas Miltenberger, against Abraham Heilman and Daniel Rohn, executors of Christian Heilman, deceased, Abraham Heilman, devisee of the lands and tenements whereof the said Christian Hellman died seized in his demesne as of fee, and J. C. Becker, tenant of the said lands and tenements, to recover the amount of a legacy charged upon the testator’s real estate in favour of the plaintiff. By the will,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy J.
The first error in this case is an exception to the opinion of the court in which it was tried, admitting the defendants to read in evidence to the jury a certified copy from the recorder of the county, of a release purporting to have been executed and given by John Heilman, the plaintiff, to Abraham Heilman, one of the defendants, for the legacy, to recover a part of which this suit was brought.
The release of which the certified copy was given in evidence, appearing from the face of the copy not to “ have been executed before at least two…
2Cases cited1 opinion
- Barnet v. WashebaughSupreme Court of Pennsylvania · 1827
3Cited by29 opinions
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Garret v. RexSupreme Court of Pennsylvania · 1837
- Roberts's AppealSupreme Court of Pennsylvania · 1868
- Lauman's AppealSupreme Court of Pennsylvania · 1848
- Austin Keene's AppealSupreme Court of Pennsylvania · 1870
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