Hoge v. Hoge
Supreme Court of Pennsylvania
In Error. THIS was an ejectment in the Common Pleas of Cumberland county, for six-sevenths of a tract of land, which the plaintiffs claimed to hold in common with the defendant, as .heirs of their father, the Rev. John Hoge, who was devisee of his father John Hoge, the elder. On the trial in the court below, the following special verdict was found.
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In Error. THIS was an ejectment in the Common Pleas of Cumberland county, for six-sevenths of a tract of land, which the plaintiffs claimed to hold in common with the defendant, as .heirs of their father, the Rev. John Hoge, who was devisee of his father John Hoge, the elder. On the trial in the court below, the following special verdict was found. “ The jury find, that John Hoge the first; and grandfather “ of the plaintiffs and of the defendant, was seised in his de- “ mesne as of fee, in his lifetime, of, and in the premises “ mentioned in the writ and statement in this cause, and being “…
1Opinion of the Court
Tilghman C. J.
after reciting the will of John Hoge the elder, proceeded as follows: — It is not clearly expressed what estate the testator intended for his son John. He gives him' the land, provided he lives and improves upon, and enjoys it. The clearing and improving of land, in the year 1748, was a business of expense, and might be attended with loss to the person upon whom the condition was imposed, unless he had an estate greater than for life. It might therefore fall within the reason of the rule, by which a fee-simple is implied, when the devisee is ordered to pay a sum of money. The…
2Cases cited1 opinion
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
3Cited by4 opinions
- Paxson v. LeffertsSupreme Court of Pennsylvania · 1831
- Campbell v. CarsonSupreme Court of Pennsylvania · 1824
- Corwith v. MorrisonWisconsin Supreme Court · 1845
- Steele v. ThompsonSupreme Court of Pennsylvania · 1826