Balz v. Kircher

Supreme Court of Pennsylvania

Balz v. Kircher

43 A. 392, 192 Pa. 63, 1899 Pa. LEXIS 879

CourtSupreme Court of Pennsylvania

DecidedMay 24, 1899

DocketAppeal, No. 322

StatusPublished

This text of 43 A. 392 (Balz v. Kircher) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balz v. Kircher, 43 A. 392, 192 Pa. 63, 1899 Pa. LEXIS 879 (Pa. 1899).

Pincite

Opinion

Per Curiam,

The jury found by their verdict that the legacies had never [69]*69been paid, and this rebutted any presumption of payment arising from lapse of time. As the will expressly charged the legacies upon the property in question “until paid,” they necessarily remain a lien until actual payment has been made. We discover no error in the record and the assignments of error are all dismissed.

Decree affirmed and appeal dismissed at the cost of the appellant.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam,

The jury found by their verdict that the legacies had never [69]*69been paid, and this rebutted any presumption of payment arising from lapse of time. As the will expressly charged the legacies upon the property in question “until paid,” they necessarily remain a lien until actual payment has been made. We discover no error in the record and the assignments of error are all dismissed.

Decree affirmed and appeal dismissed at the cost of the appellant.

Cite This Page — Counsel Stack

Bluebook (online)

43 A. 392, 192 Pa. 63, 1899 Pa. LEXIS 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balz-v-kircher-pa-1899.