Hake v. Fink
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. The commonwealth for the use of Anna Maria Fink against Jacob Hake. This was an action of debt upon a recognizance in the orphans’ court. On the petition of Jacob Hake, the eldest son, proceedings in partition were instituted in the orphans’ court, on the real estate of Andrew Hake, deceased, and it was divided into three parts.
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ERROR to the common pleas of York county. The commonwealth for the use of Anna Maria Fink against Jacob Hake. This was an action of debt upon a recognizance in the orphans’ court. On the petition of Jacob Hake, the eldest son, proceedings in partition were instituted in the orphans’ court, on the real estate of Andrew Hake, deceased, and it was divided into three parts. No. 1 was appraised at 5764 dollars, and on the 6th of November 1832, “came into court Jacob Hake, eldest son of said Andrew Hake, deceased, and prayed to be permitted to take, at the valuation aforesaid, the said tract of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The record of divorce was not necessarily a part of the plaintiff’s title, and it might have been irrelevant when it was offered, had it not been set forth in the declaration which is inconveniently prolix. An action on a recognizance, like an action on a bond, is founded on the penalty which is prima facie a title to the money, subject however to the defeasance stated in the condition; and it was unnecessary, therefore, to set out either the divorce or the proceedings in partition. Had the dissolution of the marriage become a material…
2Cited by2 opinions
- McDonald's EstateSupreme Court of Pennsylvania · 1920
- Klair v. Klair, Pennsylvania Court of Common Pleas, Dauphin County1923