Lee v. McMillan
Citations
- 125 Pa. 74
- 17 A. 247
- 1889 Pa. LEXIS 693
Syllabus
<p>1. In a proceeding to charge land of adevisee with the payment of abridgment recovered against the representative of the testator, the ordinary writ of scire facias to revive et quare executionem non, with notice to the devisee and duly served, was held good on demurrer.</p> <p>2. If, upon the trial of the scire facias, facts are put in evidence by the devisee which strongly impeach the original judgment as collusive and fraudulent, as matter of law the burden is shifted upon the plaintiff to establish the debt with which it is sought .to charge the real estate.</p> <p>3. Where the burden of proof lies in the first instance and when a sufficient case has been made out to shift it, are questions of law for the court, and after evidence on the part of the devisee, such as stated, the judgment is entitled to no presumption in its favor.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “In general, once an employee has accepted new terms of employment, he has conceded their suitability and may not later claim that dissatisfaction with those terms constitutes cause of a necessitous and compelling nature.”
- “In general, once an employee has accepted new terms of employment, he has conceded their suitability and may not later claim that dissatisfaction with those terms constitutes cause of a necessitous and compelling nature.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Green, Mitchell, Paxson, Sterrett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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