Commonwealth v. Wistar
Pennsylvania Court of Common Pleas, Philadelphia County
Nos. 206, 207 January Term 1891, Sup., Ct.; court below, Nos. 352, 358 March Term 1889, C. P. No. 4. no. 206. On May 4, 1889, the commonwealth, to the use of William L. Elkins, and others named, brought assumpsit against Richard Wistar and the Commonwealth Title Insurance & Trust Company, upon a recognizance given in connection with an appeal by Richard Wistar from the Orphans’ Court of Philadelphia county to the Supreme Court.
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Nos. 206, 207 January Term 1891, Sup., Ct.; court below, Nos. 352, 358 March Term 1889, C. P. No. 4. no. 206. On May 4, 1889, the commonwealth, to the use of William L. Elkins, and others named, brought assumpsit against Richard Wistar and the Commonwealth Title Insurance & Trust Company, upon a recognizance given in connection with an appeal by Richard Wistar from the Orphans’ Court of Philadelphia county to the Supreme Court. The plaintiff’s statement of claim recited a proceeding in said Orphans’ Court for the partition of certain real estate of Richard Wistar, deceased, wherein the…
1Opinion of the Court
no. 206.
Opinion,
Mr. Justice Clark :
On February 23, 1886, on the petition of Lewis A. Scott, guardian, etc., proceedings in partition of certain real estate, formerly of Richard Wistar, deceased, were instituted in the Orphans’ Court of Philadelphia. The partition was so proceeded in that the premises were subdivided into several allotments, all of which, under the order of the said court, were subsequently sold for prices amounting in the aggregate to §205,200. When the sale came up for confirmation in the Orphans’ Court, Richard Wistar, the defendant in this case, presented his petition,…
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