Chess's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Alleghany county. ' ■ Sept. 18. Thomas Chess presented his petition to the Orphans’ Court of Alleghany county, setting forth, in substance, that on the 18th of April, 1845, he and one David Chess entered into articles, of agreement, by which the said David Chess agreed to séll and convey unto the said Thomas Chess, the petitioner, a tract of land, containing one hundred and six acres, being all the real estate of-the said…
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Appeal from the decree of the Orphans’ Court of Alleghany county. ' ■ Sept. 18. Thomas Chess presented his petition to the Orphans’ Court of Alleghany county, setting forth, in substance, that on the 18th of April, 1845, he and one David Chess entered into articles, of agreement, by which the said David Chess agreed to séll and convey unto the said Thomas Chess, the petitioner, a tract of land, containing one hundred and six acres, being all the real estate of-the said David; that in consideration thereof, the said Thomas agreed to pay the debts of the said David, and to support and maintain…
1Opinion of the CourtRogers, J.
The mischief intended to be remedied by the act of 31st March, 1792, and the act of 'the 10th March, 1818, was, that.in case' of death there might remain a contract of the deceased binding on his executors or administrators, but no person in being capable of carrying it into specific execution. The purchaser of land might be willing to pay the purchase money on receiving a *54conveyance. The executor might stand in need of these moneys to discharge debts and legacies; yet, notwithstanding, there being no competent grantor, the contract must be rescinded or delayed, or a suit brought in a court…
2Cases cited3 opinions
- Riddlesberger v. MentzerSupreme Court of Pennsylvania · 1838
- Hagerty's CaseSupreme Court of Pennsylvania · 1835
- Ex parte QuackenbossNew York Court of Chancery · 1818