Legal Opinion

Jackson v. Myers

Supreme Court of Pennsylvania

Decided March 11, 1918No. Appeal, No. 225PublishedCited by 14 opinions

Appeal, No. 225, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1916, No. 1924, for defendant, entered on the pleadings in the case of Joseph A. Jackson, Bessie A. Jackson Curtis, Joseph Jackson Restein and James Restein v. Arthur J. Myers, Guardian of Lillian M. Jackson and Ariel K. Jackson, Minors. Assumpsit on a contract for the purchase of real estate. Motion for judgment on question of law raised by affidavit of defense.

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Appeal, No. 225, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., March T., 1916, No. 1924, for defendant, entered on the pleadings in the case of Joseph A. Jackson, Bessie A. Jackson Curtis, Joseph Jackson Restein and James Restein v. Arthur J. Myers, Guardian of Lillian M. Jackson and Ariel K. Jackson, Minors. Assumpsit on a contract for the purchase of real estate. Motion for judgment on question of law raised by affidavit of defense. Before Martin, P. J. The facts appear in Jackson et al. v. Myers, 257 Pa. 104, and in the opinion of the Supreme Court. The court…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

On the former appeal, Jackson et al. v. Myers, Guardian, 257 Pa. 104, we reversed the judgment entered for want of a sufficient affidavit of defense, and said, inter alia, “We must assume that the parties dealt with full knowledge of the law, and, therefore, knew that the estate of George W. Jackson, deceased, passing to the minors, was subject to a collateral inheritance tax which *490was a lien and must be paid before the minors received and could convey it. With this knowledge, the plaintiff contracted to pay the defendant ‘$40,000 in cash, without any deduction…

2Cases cited6 opinions

  1. Jackson v. MyersSupreme Court of Pennsylvania · 1917
  2. Yocum v. Commercial National BankSupreme Court of Pennsylvania · 1900
  3. Bailey v. Pittsb. Coal R.Supreme Court of Pennsylvania · 1891
  4. Scranton School D. v. Simpson, Pennsylvania Court of Common Pleas, Lackawanna County1890
  5. Beeson v. PorterSupreme Court of Pennsylvania · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Steel v. LevySupreme Court of Pennsylvania · 1925
  2. Bovaird v. Barrett & SonSuperior Court of Pennsylvania · 1921
  3. Decker v. WilliamsSuperior Court of Pennsylvania · 1937
  4. Vondersmith v. UrbanSuperior Court of Pennsylvania · 1932
  5. Leonard Seed Co. v. Lustig Burgerhoff Co.Superior Court of Pennsylvania · 1925

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