Gress' Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Northampton county. On the 21st day of August, 1846, the petition of Jacob Grress, of Covington, township, Luzerne county, verified by affidavit, was presented, setting forth, that on the 1st day of Dec. 1820, the said Orphans’ Court, on the petition of Christian Miller, had appointed Henry Eenner guardian of the person and estate of Susan Umfert, a minor, under the age of fourteen years; that, as such guardian, the said Henry…
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Appeal from the decree of the Orphans’ Court of Northampton county. On the 21st day of August, 1846, the petition of Jacob Grress, of Covington, township, Luzerne county, verified by affidavit, was presented, setting forth, that on the 1st day of Dec. 1820, the said Orphans’ Court, on the petition of Christian Miller, had appointed Henry Eenner guardian of the person and estate of Susan Umfert, a minor, under the age of fourteen years; that, as such guardian, the said Henry Fenner had received, as the property of his ward, two certain notes, one of them given by John Brotzman and Jacob…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
— For the reasons given by the President of the Orphans’ Court, we think its decree dismissing the citation, is well pronounced. It will, therefore, be perceived, our conclusion is not based upon any supposed operation of the statutes of limitation; for these, as is shown by Commonwealth v. Moltz, 10 Barr 527, and the cases there cited, are inapplicable here. .Nor do we proceed upon any presumption of payment'springing from mere lapse of time. Less than twenty years have expired between the moment when the petitioner might have called on the…
2Cases cited1 opinion
- Commonwealth v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1837
3Cited by4 opinions
- McGrann v. AllenSupreme Court of Pennsylvania · 1927
- Appeal of the Fidelity Insurance, Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1887
- Giese's EstateSuperior Court of Pennsylvania · 1935
- Sullivan v. SullivanSuperior Court of Pennsylvania · 1920