Updegrove v. Blum
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE DAUPHIN COUNTY. No. 26 May Term 1887, Sup. Ct.; court below, No. 155 November Term 1886, C. P. This was an ejectment brought by Daniel Updegrove and, others, children and heirs at law of Elizabeth Updegrove, deceased, against J. Martin Blum, to recover fifty acres of land in Wiconisco township.
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ERROR TO THE COURT OE COMMON PLEAS OE DAUPHIN COUNTY. No. 26 May Term 1887, Sup. Ct.; court below, No. 155 November Term 1886, C. P. This was an ejectment brought by Daniel Updegrove and, others, children and heirs at law of Elizabeth Updegrove, deceased, against J. Martin Blum, to recover fifty acres of land in Wiconisco township. About April 1, 1853, Elizabeth Updegrove, wife of John Updegrove and living with him, having the title in her own right to the landin dispute, conveyed it to one William Wagner, without her husband joining in the deed. Wagner’s title subsequently passed regularly…
1Opinion of the Court
Opinion,
Me. Justice Geeen :
We entirely agree with the learned court below in their views of this case. The right of entry under which the plaintiffs claim and must recover, if at all, commenced to run in April, 1853, immediately after the deed of Elizabeth Updegrove and possession of the premises were delivered to William Wagner. As the deed was void an action could have been brought to recover possession the next day, in the name and on behalf of Elizabeth Updegrove. But no action was brought and no entry was made or claimed for or by her up to the time of her death in 1857. The action…
2Cases cited2 opinions
- Hunt v. WallSupreme Court of Pennsylvania · 1874
- Hogg v. AshmanSupreme Court of Pennsylvania · 1877
3Cited by2 opinions
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