Legal Opinion

Summerville v. Holliday

Supreme Court of Pennsylvania

Decided June 15, 1833PublishedCited by 7 opinions

ERROR to the common pleas of Huntingdon county. This was an action of debt for a legacy, by.Ruth Summerville for the use of Thomas Jackson, against Robert Wallace, administrator de bonis non with the will annexed of William Holliday deceased, with notice to William Holliday (the third), devisee of William Holliday (the second), who was the devisee of William Holliday (the second), and terre tenant. The pleas of defendants were nil debet and payment with leave, fyc.

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ERROR to the common pleas of Huntingdon county. This was an action of debt for a legacy, by.Ruth Summerville for the use of Thomas Jackson, against Robert Wallace, administrator de bonis non with the will annexed of William Holliday deceased, with notice to William Holliday (the third), devisee of William Holliday (the second), who was the devisee of William Holliday (the second), and terre tenant. The pleas of defendants were nil debet and payment with leave, fyc. The plaintiff to support the issue on his part, gave the following evidence. 11th July 1796. Will of William Holliday (the…

1Opinion of the Court

The opinion of the Court was delivered by

Ross, J.

In this case seven errors have been assigned. I shall however confine myself to an examination of those three alleged to be in the charge of the court, as they only seem to be of any importance.

The third, fourth, and seventh errors, embracing in effect the same questions, will be considered together. It was contended in the court below that the legacy for which the suit was brought, having become due in 1798, and the present suit not having been instituted until August term 1832, the presumption of law was that the legacy had been paid or…

2Cases cited10 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Stoever v. Lessee of WhitmanSupreme Court of Pennsylvania · 1814
  3. Arden v. ArdenNew York Court of Chancery · 1814
  4. Penrose v. KingSupreme Court of Pennsylvania · 1794
  5. Grant v. BontzU.S. Circuit Court for the District of District of Columbia · 1819

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3Cited by7 opinions

  1. Beekman v. HamlinOregon Supreme Court · 1890
  2. Van Loon v. SmithSupreme Court of Pennsylvania · 1883
  3. Thompson v. M'GawSupreme Court of Pennsylvania · 1834
  4. Lessee of Nicholas v. HollidaySupreme Court of Pennsylvania · 1802
  5. Hedges v. NorrisNew Jersey Court of Chancery · 1880

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