Reese v. Waters
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action of ejectment by David Reese against Humphrey Waters and Achsa his wife, for a tract of land containing 51 acres. It appeared that Achsa Snodgrass was seised in fee of the land in dispute, and was married to Humphrey Waters, who was . an alien.
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ERROR to the District Court of Allegheny county. This was an action of ejectment by David Reese against Humphrey Waters and Achsa his wife, for a tract of land containing 51 acres. It appeared that Achsa Snodgrass was seised in fee of the land in dispute, and was married to Humphrey Waters, who was . an alien. David Reese, the plaintiff, obtained a judgment against Humphrey Waters, upon which an execution was issued and levied on the land, upon which an inquisition was held, by which it was extended and valued at $100 per annum. A liberan facias was issued, and' returned “ Possession…
1Per curiam
— Our Act of 1833 has dispensed with the birth of issue as a constituent of tenancy by the curtesy; and had the husband, in this instance, been an American citizen, he would have been tenant by the curtesy initiate by force of the marriage alone, and seised of a freehold in his own right. The cause, then, is without difficulty so far as it depends on the com.mon law, which forbids an alien to take by purchase for the benefit of any.one but the crown or the commonwealth, or to take at all, where the *146estate would devolve on him by operation of law. It has been expressly decided that an alien…
2Cited by2 opinions
- Cooke v. DoronSupreme Court of Pennsylvania · 1906
- Whichcote v. Lyle's ExecutorsSupreme Court of Pennsylvania · 1857