Wiley's Executors' Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1877, No. 189. In Equity. This was a bill in equity filed by John B. Warfel and Edward Wiley, executors of William M. Wiley, deceased, agaiiist George Calder, Jr., Hannah J. Wiley and The Fidelity Insurance, Trust and Safe Deposit Co. of Philadelphia, guardian of the five minor children of said William M. Wiley, deceased, praying the court to decree specific performance of a contract set forth in said…
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Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1877, No. 189. In Equity. This was a bill in equity filed by John B. Warfel and Edward Wiley, executors of William M. Wiley, deceased, agaiiist George Calder, Jr., Hannah J. Wiley and The Fidelity Insurance, Trust and Safe Deposit Co. of Philadelphia, guardian of the five minor children of said William M. Wiley, deceased, praying the court to decree specific performance of a contract set forth in said bill. To this bill defendants demurred, on the ground that the exclusive jurisdiction for the enforcement of the…
1Opinion of the CourtJustice Sterrett
The only question raised by the demurrer in the court below as well as here is one of. jurisdiction. The learned judge of the Common Pleas dismissed the plaintiff’s bill on the ground that the facts therein presented, brought the case within the provisions of the Act of February 24th 1884, which gives to the Orphans’ Court jurisdiction to decree specific performance, “ whenever any person shall, by a bargain or contract in writing, bind himself to sell and convey any real estate in this Commonwealth, and shall die seised or possessed of such real estate without having made any .sufficient…
2Cited by5 opinions
- Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Estate of MillerPennsylvania Orphans' Court, Philadelphia County · 1890
- Ralston v. IhmsenSupreme Court of Pennsylvania · 1903
- Young v. WeedSupreme Court of Pennsylvania · 1893
- Cunningham's EstateSuperior Court of Pennsylvania · 1920