Fenton v. Fenton
Supreme Court of Pennsylvania
Appeal, No. 298, Jan. T., 1903, by defendant, from judgment of C. P. Bucks Co., Sept. T., 1908, No. 19, on verdict for plaintiff in case of Joseph T. Fenton, Trustee, v. John C. Fenton, Mortgagor, and Theodore Cornell, Owner. Scire facias sur mortgage. Before Yebkes, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for 13,643.33. Defendant appealed.
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Appeal, No. 298, Jan. T., 1903, by defendant, from judgment of C. P. Bucks Co., Sept. T., 1908, No. 19, on verdict for plaintiff in case of Joseph T. Fenton, Trustee, v. John C. Fenton, Mortgagor, and Theodore Cornell, Owner. Scire facias sur mortgage. Before Yebkes, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for 13,643.33. Defendant appealed. Error assigned among others was in entering judgment for plaintiff on the verdict on the question reserved.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Simon Y. Fenton died intestate October 10,1871, the owner of a farm of about sixty-six acres in Bucks county, leaving a widow, Ann L. Fenton, and four children, Elizabeth, Joseph T., Maria, a lunatic, and John C. The farm descended to the widow and children under the intestate laws, and they agreed to sell it to one of the sons, John C., and petitioned the orphans’ court for leave to join with the committee of Maria, a lunatic, in a sale to him. Whereupon the court appointed an auditor to report upon the facts. He reported that the widow and children had agreed to…
2Cases cited5 opinions
- Wilson v. Shoenberger's ExecutorsSupreme Court of Pennsylvania · 1858
- Carrow v. HeadleySupreme Court of Pennsylvania · 1893
- Moore v. CornellSupreme Court of Pennsylvania · 1871
- Stecker v. ShimerSupreme Court of Pennsylvania · 1840
- Duey v. ClemensSupreme Court of Pennsylvania · 1845
3Cited by4 opinions
- Hurst v. SpottsSupreme Court of Pennsylvania · 1928
- Bonstein v. SchweyerSupreme Court of Pennsylvania · 1905
- Miller v. GriffithSupreme Court of Pennsylvania · 1920
- Dull v. SlaterSuperior Court of Pennsylvania · 1906