Legal Opinion

Dewitt v. Eldred

Supreme Court of Pennsylvania

Decided December 15, 1842PublishedCited by 5 opinions

ERROR to the Common Pleas of Pike county. This was an action of ejectment brought by Electrian Dewitt, Jane Dewitt and James Dewitt, minors, by their guardian, William Brodhead, against Richard Eldred, John Edsell and Simeon Yan Etten, to recover the possession of about 124 acres of land in Westfall township, Pike county.

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ERROR to the Common Pleas of Pike county. This was an action of ejectment brought by Electrian Dewitt, Jane Dewitt and James Dewitt, minors, by their guardian, William Brodhead, against Richard Eldred, John Edsell and Simeon Yan Etten, to recover the possession of about 124 acres of land in Westfall township, Pike county. The plaintiffs read in evidencé the last will and testament of Cornelius Dewitt, in whom the title to the land was admitted to have been, dated the 27th of January 1806, the material part of which was as follows : “ As to my worldly estate, I will and positively order that…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

— It is unnecessary to consider the errors founded upon the bills of exception to the admission and rejection of evidence, as we are of opinion from the facts of the case, established as it appears by the evidence beyond all doubt or controversy, that the defendants or any one or more of them have no right whatever to hold the land in contest against the eldest son of Cornelius Dewitt, who is one of the plaintiffs, and claims as heir in tail to his father, according to the form of the gift contained jn the last will of Cornelius Dewitt, his…

2Cases cited2 opinions

  1. Morrison v. SempleSupreme Court of Pennsylvania · 1813
  2. Campbell v. CarsonSupreme Court of Pennsylvania · 1824

3Cited by5 opinions

  1. Gallagher's AppealSupreme Court of Pennsylvania · 1864
  2. Grenawalt's AppealSupreme Court of Pennsylvania · 1860
  3. Myers v. SmithCourt of Appeals of Maryland · 1867
  4. Miltenberger v. SchlegelSupreme Court of Pennsylvania · 1847
  5. Gingrich's EstateSuperior Court of Pennsylvania · 1908

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