Mitchell v. Kintzer
Supreme Court of Pennsylvania
In error from the District Court of Lancaster. May 10. This was an ejectment against the plaintiff in error, on the trial of which the plaintiff gave in evidence the petition and order of sale, in the Orphan’s Court, of tho land of William Kerr, (under whom both parties claimed,) made in 1820. In 1821, the administrator of Kerr returned a sale of one-third of the land, (the premises in question,) to James Mitchell, one of the heirs, at eight dollars per acre, and of the…
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In error from the District Court of Lancaster. May 10. This was an ejectment against the plaintiff in error, on the trial of which the plaintiff gave in evidence the petition and order of sale, in the Orphan’s Court, of tho land of William Kerr, (under whom both parties claimed,) made in 1820. In 1821, the administrator of Kerr returned a sale of one-third of the land, (the premises in question,) to James Mitchell, one of the heirs, at eight dollars per acre, and of the remaining two-thirds to the guardian of two of the children of William Kerr, at tho same rate. The deed from the…
1Opinion of the Court
Coulter, J.,
(after stating the case and the offer of evidence.) — The evidence so offered by defendant was rejected by the court below, and the learned counsel for Kintzer contended here that the court below were right, because the proceedings and decree of the .Orphan’s Court could not be impeached by pai;ol, or for any cause, but imported absolute verity, and vested the title in James Mitchell and his heirs, irrespective of, and beyond all the circumstances which might have attended the transaction. But in the eye of the law, fraud spoils every thing it touches. The broad seal of the…
2Cases cited2 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Fogelsonger v. SomervilleSupreme Court of Pennsylvania · 1820
3Cited by14 opinions
- Culbertson's EstateSupreme Court of Pennsylvania · 1930
- Gribben v. CarpenterSupreme Court of Pennsylvania · 1936
- Daub's EstateSupreme Court of Pennsylvania · 1931
- Smith v. MarklandSupreme Court of Pennsylvania · 1909
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
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