66 Pa. 308 | Pa. | 1870
The opinion of the court was delivered, January 3d 1871, by
— This was a compulsory nonsuit entered in the court below, on ¡motion of the defendants, after the conclusion of the evidence of the plaintiffs. The question then is, whether the plaintiffs had made out a case which in any aspect entitled them to go to the jury ? No actual fraud was pretended. But it was maintained that as it appeared that William Cochrane, the administrator of John Cochrane, Sr., had become the purchaser at his own sale, made by the order of the Orphans’ Court, his title and that of his heirs were defeasible at the election of any of the cestuis que trust who did not agree or assent to the purchase. It is not necessary to decide whether, when one of the heirs of a decedent, who happens to be also the administrator, is ordered by the Orphans’ Court to make sale of the real estate under proceedings in partition, he is thereby precluded from his equal right
The deposition of Samuel Cochrane was clearly inadmissible. The witness himself was on the stand under examination. What he had stated before could not be shown, as it seems, for any
Judgment affirmed.