Blanchard v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. This was an action of debt upon a recognizance in the orphans’ court. The Commonwealth, in right of David Brooks and Hetty his wife, for the use of William Goodwin against Jeremiah Blanchard and Frederick Wagoner. Jeremiah Blanchard the elder, having died intestate, there was a writ of partition and valuation of his real estate awarded by the orphans’ court.
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ERROR to the common pleas of Luzerne county. This was an action of debt upon a recognizance in the orphans’ court. The Commonwealth, in right of David Brooks and Hetty his wife, for the use of William Goodwin against Jeremiah Blanchard and Frederick Wagoner. Jeremiah Blanchard the elder, having died intestate, there was a writ of partition and valuation of his real estate awarded by the orphans’ court. The inquest found that the estate could not be divided among all the heirs, and valued it at 2224 dollars, “ and find the value of a tenth part of the real estate of which the intestate died…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The orphans’ court has undoubted jurisdiction of *311advancements, and its decree would be conclusive in an action on tbe recognizance; but it is not bound to exercise it, nor would it be convenient in practice or conducive to justice to do so. Consistently with habits so migratory as are those of our people, it would be difficult, if not impossible, to bring all the parties before the court, or even to serve them with notice; and questions of fact requiring the intervention of a jury would so frequently arise as to render the determination of…
2Cases cited1 opinion
- Ramsey v. AlexanderSupreme Court of Pennsylvania · 1819
3Cited by5 opinions
- Federal Deposit Ins. Corp. v. BarnessDistrict Court, E.D. Pennsylvania · 1980
- Guaranty Trust & Safe Deposit Co. v. PowellSupreme Court of Pennsylvania · 1892
- Hamilton v. BrownSupreme Court of Pennsylvania · 1851
- Citizens' Trust & Surety Co. v. HowellSuperior Court of Pennsylvania · 1902
- Rittenhouse's Estate, Pennsylvania Court of Common Pleas, Philadelphia County1847