Eby v. Eby
Supreme Court of Pennsylvania
In error from tbe Court of Common Pleas of Lancaster county. Nov. 30. This was an action brought by Jacob Eby, the defendant in error, against Daniel Eby, the plaintiff in error, who was defendant below, to recover the sum of $1470 90, upon a covenant between the parties, and another brother named Abraham, in which they described themselves as “ children and heirs of Jacob and Elizabeth Eby.”
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In error from tbe Court of Common Pleas of Lancaster county. Nov. 30. This was an action brought by Jacob Eby, the defendant in error, against Daniel Eby, the plaintiff in error, who was defendant below, to recover the sum of $1470 90, upon a covenant between the parties, and another brother named Abraham, in which they described themselves as “ children and heirs of Jacob and Elizabeth Eby.” This covenant was dated the 17th of June, 1837, and bound the parties to stand to'an appraisement to be made by men therein named, of the lands late of the said Jacob and Elizabeth Eby, divided in the…
1Opinion of the CourtBell, J.
As it' appears by this record, the only de*463fence set up and finally insisted on by the defendant below, the plaintiff in error, against the right of the plaintiff below to recover in this action, was based upon a supposed failure of the consideration which induced the covenant of the 17th of June, 1837, a,nd the valuation and appraisement consequent upon it. This supposed failure pf consideration proceeds altogether upon the position assumed by the plaintiff in error, that, under the last will of his grandfather, Jacob Habeeker, his mother, Elizabeth, afterwards Elizabeth Eby,- took but an…
2Cases cited3 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Langley v. HealdSupreme Court of Pennsylvania · 1844
- Eichelberger v. BarnetzSupreme Court of Pennsylvania · 1828
3Cited by4 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Martin v. GrinageSupreme Court of Pennsylvania · 1927
- Wolf v. WolfSupreme Court of Iowa · 1911
- Lownes EstatePennsylvania Orphans' Court, Bucks County · 1954