Smith v. Derr's Administrators
Supreme Court of Pennsylvania
Error to the Common Pleas of Montour county. This was an action of debt by William McBride and Effy Derr, administrators of John E. Derr, deceased,, to recover $85, with interest from 1st April 1857, on a bond given by the defendant to the plaintiffs, to secure the purchase-money of certain real estate of John F. Derr, deceased, sold by the plaintiffs by virtue of an order of the Orphans’ Court of Montour county, under proceedings in partition.
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Error to the Common Pleas of Montour county. This was an action of debt by William McBride and Effy Derr, administrators of John E. Derr, deceased,, to recover $85, with interest from 1st April 1857, on a bond given by the defendant to the plaintiffs, to secure the purchase-money of certain real estate of John F. Derr, deceased, sold by the plaintiffs by virtue of an order of the Orphans’ Court of Montour county, under proceedings in partition. The parties agreed upon a case stated, with leave to sue out a writ of error, in which the following facts were set forth: John E. Derr died on the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
This case is covered by the principle decided in Doe v. Vardill, 5 Barn. & C. 438, 6 Bing. N. C. 385; that a person born out of wedlock, and legitimated by the Scotch law, by the subsequent marriage of his parents, cannot inherit land in England. That ease was so thoroughly and learnedly discussed in the King’s Bench, Exchequer Chamber, and House of Lords, that we are saved from the labour which would be required if the question were new.
Nancy is an illegitimate niece of the intestate, born in Tennessee, and legitimated there on the…
2Cited by8 opinions
- A----. B v. C----. DIndiana Court of Appeals · 1971
- Calhoun v. BryantSouth Dakota Supreme Court · 1911
- Finley v. BrownTennessee Supreme Court · 1909
- Fisher v. BrowningMississippi Supreme Court · 1914
- Brown v. FinleySupreme Court of Alabama · 1908
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