Pennock v. Freeman
Supreme Court of Pennsylvania
APPEAL from the circuit court of Lancaster county. This was an action on the case by George Yentzer administrator of Jacob Pennoek deceased, for the use of Franklin W. Pennoek his son and heir at law, against Clarkson Freeman, in which the declaration sets out specially the cause of action.
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APPEAL from the circuit court of Lancaster county. This was an action on the case by George Yentzer administrator of Jacob Pennoek deceased, for the use of Franklin W. Pennoek his son and heir at law, against Clarkson Freeman, in which the declaration sets out specially the cause of action. “ Clarkson Freeman, late of the said county, doctor of medicine, was attached to answer George Yentzer, administrator de bonis non of Jacob Pennoek late of the borough of Lancaster, deceased, for the use of Franklin W. Pennoek, a minor son and only heir of the said Jacob Pennoek deceased, who sues for his…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though it was held when the cause was here before(a) that a suit might be maintained by the administrator, it *406has nevertheless been argued, that a recovery by him would leave the defendant exposed to the ejectment of the heir, who would not, it is said, be estopped by a judgment to which he was neither *407a party nor privy; and hence it has been contended, that a release by the heir ought to have preceded the administrator’s action. The point is made on the assumption of a position entirely unten*408able, that the decedent had a vested estate in…
2Cases cited1 opinion
- Case of Miller's EstateSupreme Court of Pennsylvania · 1832
3Cited by14 opinions
- Reynolds v. BolandSupreme Court of Pennsylvania · 1902
- Rife v. GeyerSupreme Court of Pennsylvania · 1868
- Leland v. FordMichigan Supreme Court · 1929
- Brown v. PitcairnSupreme Court of Pennsylvania · 1892
- Mayne v. GriswoldThe Superior Court of New York City · 1850
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