Legal Opinion

Duffy v. Insurance Co.

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 4 opinions

THIS was an action of ejectmént instituted in the District Court for the city and county of Philadelphia, by Francis Duffy against The Mechanics’ and Tradesmens* Insurance Company, John Rankin and others, to recover possession of certain real estate. Michael Fox died on the 13th July 1838, intestate, without widow, leaving issue four children, one of whom, Margaretta, married Woodburn Potter. He was seised at his death of certain real estate, and partition was made thereof.

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THIS was an action of ejectmént instituted in the District Court for the city and county of Philadelphia, by Francis Duffy against The Mechanics’ and Tradesmens* Insurance Company, John Rankin and others, to recover possession of certain real estate. Michael Fox died on the 13th July 1838, intestate, without widow, leaving issue four children, one of whom, Margaretta, married Woodburn Potter. He was seised at his death of certain real estate, and partition was made thereof. On the 20th March 1841, Potter presented his petition to the Common Pleas of Philadelphia county, praying to be…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The evidence mentioned in the several bills of exception which was rejected by the court, could have had no weight in the determination of the cause by the jury, if it had been received, and therefore may well be regarded as wholly immaterial and insufficient to produce a reversal of the judgment. Several points were made and discussed on the trial of the cause in the court below, but all may be included and considered in the question whether the arrangement made by Potter and his wife first with the Girard Life Insurance Annuity and Trust…

2Cases cited1 opinion

  1. Jamison v. BradySupreme Court of Pennsylvania · 1821

3Cited by4 opinions

  1. Arnold's EstateSupreme Court of Pennsylvania · 1915
  2. Tripner v. AbrahamsSupreme Court of Pennsylvania · 1864
  3. Kutz's AppealSupreme Court of Pennsylvania · 1861
  4. Vance v. NogleSupreme Court of Pennsylvania · 1871

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