Pattin v. Scott
Supreme Court of Pennsylvania
Appeal, No. 42, Oct. T., 1921, by defendant, from order of C. P. Allegheny Co., Jan. T., 1921, No. 1904, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Louanna D. Pattin v. Mary S. Scott. Assumpsit for unpaid balance of purchase price of real estate. . Buie for judgment for want of a sufficient affidavit of defense. Before Brown, J. The opinion of the Supreme Court states the facts. The coxirt made the rule absolute.
Read the full summary
Appeal, No. 42, Oct. T., 1921, by defendant, from order of C. P. Allegheny Co., Jan. T., 1921, No. 1904, making absolute rule for judgment for want of sufficient affidavit of defense, in case of Louanna D. Pattin v. Mary S. Scott. Assumpsit for unpaid balance of purchase price of real estate. . Buie for judgment for want of a sufficient affidavit of defense. Before Brown, J. The opinion of the Supreme Court states the facts. The coxirt made the rule absolute. Defendant appealed. Error assigned, inter alia, was above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moschzisker,
This action was instituted to recover an unpaid balance of the purchase price of real estate, which plaintiff agreed in writing to sell to defendant; judgment was entered for want of a sufficient affidavit of defense, and the [present appeal followed.
*51Defendant’s affidavit admits all the material averments of the statement of claim, bnt sets up the defense that plaintiff had no power to convey a fee, because of a restraint on alienation contained in the devise by which she acquired the property in controversy.
The testamentary provision in question,…
2Cases cited23 opinions
- Potter v. CouchSupreme Court of the United States · 1891
- City of Philadelphia v. Heirs of GirardSupreme Court of Pennsylvania · 1863
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Doebler's AppealSupreme Court of Pennsylvania · 1870
18 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Cryan's EstateSupreme Court of Pennsylvania · 1930
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
- Cross v. MillerSupreme Court of Pennsylvania · 1927
46 more not listed; retrieve them via the Exa API.