Bayler v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of York county. This was a scire facias to November Term 1860, in the name of the Commonwealth, for the use of Lucinda Jay, wife of Charles E. Jay, against Henry Bayler, on a recognisance entered into by him in the Orphans’ Court of said county, with surety as heir at law of Jacob Bayler, deceased, to pay to the other heirs of the decedent their respective shares out of a certain portion of the real estate late of deceased.
Read the full summary
Error to the Common Pleas of York county. This was a scire facias to November Term 1860, in the name of the Commonwealth, for the use of Lucinda Jay, wife of Charles E. Jay, against Henry Bayler, on a recognisance entered into by him in the Orphans’ Court of said county, with surety as heir at law of Jacob Bayler, deceased, to pay to the other heirs of the decedent their respective shares out of a certain portion of the real estate late of deceased. The case was this:— On the 30th day of August 1855, on the application of Charles E. Jay, husband of Lucinda Jay, who was a daughter of Jacob…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
The mortgage given by Mrs. Jay and her husband to Henry Bayler, was not a pledge or conveyance of any estate which she owned at the time of its execution. Nor did it profess to assure to the mortgagee any present interest. By it she bargained and sold to Henry Bayler, his heirs and assigns, “ all the estate, right, title, and interest, in law or in equity, to which she would become entitled on the death of her father, Jacob Bayler, in his estate, real, personal, and mixed, by will, descent, or otherwise.” She also covenanted jointly and…
2Cases cited3 opinions
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
- Walker v. GeisseSupreme Court of Pennsylvania · 1839
3Cited by10 opinions
- Tiffany & Co. v. SpreckelsCalifornia Supreme Court · 1927
- Norris's EstateSupreme Court of Pennsylvania · 1938
- Estate of LennigSupreme Court of Pennsylvania · 1897
- Taylor v. SwaffordTennessee Supreme Court · 1909
- Avon State Bank v. Commercial & Savings BankSouth Dakota Supreme Court · 1926
5 more not listed; retrieve them via the Exa API.