Broad Top Coal & Iron Co. v. Riddlesburg Coal & Iron Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county: No. 20, to May Term 1870. This was an action of ejectment for 520 acres of land, by The Riddlesburg Coal- and Iron Company against The Broad Top Coal and-Iron Company; the writ was issued August 13th 1866. On the trial the plaintiff filed an amended description specifying a number of tracts amounting in the whole to about 522 acres; amongst these tracts were: “Isaac Barnett, 50 acres,” “Isaac Barnett, 52 acres 80…
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Error to the Court of Common Pleas of Bedford county: No. 20, to May Term 1870. This was an action of ejectment for 520 acres of land, by The Riddlesburg Coal- and Iron Company against The Broad Top Coal and-Iron Company; the writ was issued August 13th 1866. On the trial the plaintiff filed an amended description specifying a number of tracts amounting in the whole to about 522 acres; amongst these tracts were: “Isaac Barnett, 50 acres,” “Isaac Barnett, 52 acres 80 perches,” “ part of John Hamilton, 88 acres 120 perches.” The defendants disclaimed title to all but these three tracts. The…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
The 1st assignment of error is answefed by the 10th section of the Intestate Act of 8th April 1833, which vests title in the widow for such estate as the intestate had, in default of known heirs or kindred competent to inherit the real estate under that act. According to the testimony of William Carpenter, William Glenn died without known heirs or kindred except his mother, who was survived by the widow. His property did not then escheat, but went to the widow, who joined in the deed of September 7th 1860.
The 2d assignment of error is also…
2Cases cited6 opinions
- Adams v. JacksonSupreme Court of Pennsylvania · 1842
- Balliot v. BaumanSupreme Court of Pennsylvania · 1843
- Cowden v. StevensonOhio Supreme Court · 1832
- Overton v. GibsonSupreme Court of Pennsylvania · 1834
- Goodman v. LoseySupreme Court of Pennsylvania · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lake v. EarnestCourt of Appeals of Texas · 1909