Manzer v. Wycoff
Superior Court of Pennsylvania
Appeal, No. 27, March T., 1922, by plaintiff, from judgment of C. P. Susquehanna Co., Aug. T., 1921, quashing writ in ejectment in the case of Henry F. Manzer, Executor and Trustee of Wm. M. Post Estate, v. Charles Wycoff and Lucretia Wycoff. Action in ejectment by an executor of a vendor to enforce specific performance on a written contract for the sale of real estate. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. The court quashed the writ.
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Appeal, No. 27, March T., 1922, by plaintiff, from judgment of C. P. Susquehanna Co., Aug. T., 1921, quashing writ in ejectment in the case of Henry F. Manzer, Executor and Trustee of Wm. M. Post Estate, v. Charles Wycoff and Lucretia Wycoff. Action in ejectment by an executor of a vendor to enforce specific performance on a written contract for the sale of real estate. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. The court quashed the writ. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Keller, J.,
The Fiduciaries Act of June 7, 1917, P. L. 447, provides, inter alia, that where any person shall have by contract in writing, agreed to sell and convey any real estate in this Commonwealth, and died seized or possessed thereof; or where any person shall have purchased, in writing, any real estate in this Commonwealth, and died without paying the purchase money therefor; it shall be lawful in all such cases for the executor or administrator of the deceased vendor, or for the vendor when the purchaser may have died, or for the purchaser of such real estate, or when he has…
2Cases cited30 opinions
- Fleming's EstateSupreme Court of Pennsylvania · 1919
- Shaw v. CornmanSupreme Court of Pennsylvania · 1921
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Mussleman's AppealSupreme Court of Pennsylvania · 1870
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3Cited by7 opinions
- Bell v. BellSupreme Court of Pennsylvania · 1926
- Colison EstateSupreme Court of Pennsylvania · 1947
- Schmehl v. MellingerSupreme Court of Pennsylvania · 1937
- Bidelman EstateSupreme Court of Pennsylvania · 1948
- Padelford v. Real Estate-Land Title & Trust Co.Superior Court of Pennsylvania · 1935
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