Price v. Junkin
Supreme Court of Pennsylvania
ERROR to the common pleas of Mifflin county. This was an action of ejectment by Richard Miles, administrator de bonis non of William Junkin deceased, against Joseph Price and John Moist. William Junkin, by his will, appointed David Lusk to be the executor, with power to sell his real estate. The executor offered the land for sale at public vendue, and sold the same to Joseph Price, one of the defendants, for 3100 dollars.
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ERROR to the common pleas of Mifflin county. This was an action of ejectment by Richard Miles, administrator de bonis non of William Junkin deceased, against Joseph Price and John Moist. William Junkin, by his will, appointed David Lusk to be the executor, with power to sell his real estate. The executor offered the land for sale at public vendue, and sold the same to Joseph Price, one of the defendants, for 3100 dollars. An application was made by the heirs of William Junkin to the orphan’s court, to dismiss David Lusk from his executorship, for several reasons; and, among others, that the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—The defendant’s bills of exception to evidence were, in this case, fourteen in number. They all depend very much on the same principle. The first four are chiefly relied on. We think the reasons assigned by the court below for the admission of the plaintiff’s evidence conclusive, and that there was no error in receiving it.
In the charge of the court no error has been exhibited, except in that part of it which relates to the claim of the defendant, Moist.’ This involves an important principle, and one which the court decided incorrectly.…
2Cited by6 opinions
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- Hoffman v. StroheckerSupreme Court of Pennsylvania · 1838
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