Kester v. Rockel
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northampton county. Henry Roekel, administrator of Martzel Kester deceased, brought an action of covenant against Philip Kester, and declared on the following sealed agreement. The defendant pleaded covenants performed, and a verdict and judgment were rendered for the plaintifF.
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ERROR to the Common Pleas of Northampton county. Henry Roekel, administrator of Martzel Kester deceased, brought an action of covenant against Philip Kester, and declared on the following sealed agreement. The defendant pleaded covenants performed, and a verdict and judgment were rendered for the plaintifF. “Lehigh township, Northampton county, 20th of February 1816. This day appeared Mercellus Kester, as seller, and his son Philip Kester, as purchaser, and have agreed to the following contract of purchase, and have signed the same, and is as follows: The above-named seller, Mercellus Kester,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action to recover the price of land sold by Martzel Kester to the defendant, Philip Kester. Any sum which may be recovered is assets for the payment of the debts of Martzel Kester, and consequently the suit is properly brought by his personal representative. The defendant excepts to that part of the charge in which the court come to the conclusion that under the circumstances proved, “ the jury should consider the land as belonging to the old man.” It was proved that the father was in *371the possession of the land, that he made…
2Cases cited1 opinion
- Fasholt v. ReedSupreme Court of Pennsylvania · 1827
3Cited by3 opinions
- Kreider v. BrubakerSupreme Court of Pennsylvania · 1952
- City of St. Louis v. St. Louis Gas-Light Co.Missouri Court of Appeals · 1878
- Nettleton v. CarylSuperior Court of Pennsylvania · 1900