Chronister v. Bushey
Supreme Court of Pennsylvania
WRIT OF ERROR to the Common Pleas of Adams county. This was an action of ejectment by Rebecca Chronister and others, heirs-at-law of Wm Chronister, against Christian Bushey and Wm Bushey, for a tract of land. Christian Bushey and Jacob Bushey were the administrators of William Chronister deceased, and obtained an order of the Orphans’ Court for the sale of the real estate of their intestate for the payment of debts.
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WRIT OF ERROR to the Common Pleas of Adams county. This was an action of ejectment by Rebecca Chronister and others, heirs-at-law of Wm Chronister, against Christian Bushey and Wm Bushey, for a tract of land. Christian Bushey and Jacob Bushey were the administrators of William Chronister deceased, and obtained an order of the Orphans’ Court for the sale of the real estate of their intestate for the payment of debts. At the sale William Patterson was the bidder, and the property, a plantation, was struck down to him at $1808. He was examined as a witness, and testified that he purchased it for…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The Judge made a decisive mistake in putting the question of recovery exclusively on the existence of actual fraud. The purchase belonged to the class of contracts which, for the facility they would offer to the practice and concealment of imposition, are deemed to be constructively fraudulent, prima facie or conclusively, by the policy of the law. They are sparingly indulged by it in any case, or prohibited, as regards particular interests, altogether. Such are contracts between parent and child, guardian and ward, principal and agent,…
2Cited by6 opinions
- Beeson v. BeesonSupreme Court of Pennsylvania · 1848
- Cadbury v. DuvalSupreme Court of Pennsylvania · 1849
- Duff v. WilsonSupreme Court of Pennsylvania · 1873
- Hall's AppealSupreme Court of Pennsylvania · 1861
- Shakeley v. TaylorU.S. Circuit Court for the District of Southern Ohio · 1857
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