Legal Opinion

Richter v. Fitzsimmons

Supreme Court of Pennsylvania

Decided July 15, 1835PublishedCited by 2 opinions

ERROR to the common pleas of Union county. This was an action of debt bjr John Baskins and John App, administrators of David Fitzsimmons deceased, against Peter Richter. An order was granted to the plaintiffs by the orphan’s court to sell the real estate of their intestate for the payment of debts; and they did sell it to Peter Richter, the defendant, fbr 1322 dollars, and took this agreement from him, upon which this suit was brought.

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ERROR to the common pleas of Union county. This was an action of debt bjr John Baskins and John App, administrators of David Fitzsimmons deceased, against Peter Richter. An order was granted to the plaintiffs by the orphan’s court to sell the real estate of their intestate for the payment of debts; and they did sell it to Peter Richter, the defendant, fbr 1322 dollars, and took this agreement from him, upon which this suit was brought. “ I do hereby acknowledge that the foregoing lot of five acres of land, more or less, was struck off to me for the sum of' 1322 dollars, and I do hereby…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

—That the proceedings, decrees and judgments of a court of record, in a case of which it has jurisdiction, are, until reversed on appeal or writ of error, conclusive in all other courts when given in evidence collaterally, is a well settled principle of our law; and we have man}’' cases in which in ejectment a plaintiff has recovered on a title under a sheriff’s sale, where the proceedings in the suit in which the sale was made were so erroneous that they would have been reversed on writ of error.

How it happened, I know not, but so it was,…

2Cited by2 opinions

  1. Cash v. TozerSupreme Court of Pennsylvania · 1841
  2. Allen v. GaultSupreme Court of Pennsylvania · 1856

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