Deffenbaugh v. Hess
Supreme Court of Pennsylvania
Appeal, No. 148, Jan. T., 1909, by defendant, from judgment of C. P. Fayette Co., June T., 1908, No. 597, for plaintiff on case stated in suit of Henry J. Deffenbaugh v. John Ellsworth Hess, Guardian of Margery E. Deffenbaugh, a minor. Case stated to determine ownership of income derived from the proceeds of the sale of coal in place. Before Van Swearingen, J. The court entered judgment for plaintiff on case stated. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
John A. Moss died January 18, 1888, intestate, seised in fee of 86.41 acres of land underlaid with coal. He left surviving him a widow, Mary A. Moss, and two daughters, Jennie and Margery E., the latter married to Henry E. Deffenbaugh, the appellee. Mrs. Deffenbaugh died March 8, 1897, intestate, seised, subject to the widow’s dower, of an undivided half in*640terest in the real estate which had descended to her from her father. The case stated admits this seisin. Her mother, her husband and one daughter, for whom the appellant is guardian, survived her. On July 17,…
2Cases cited5 opinions
- Blakley v. MarshallSupreme Court of Pennsylvania · 1896
- Lenfers v. HenkeIllinois Supreme Court · 1874
- Seager v. McCabeMichigan Supreme Court · 1892
- Priddy v. GriffithIllinois Supreme Court · 1894
- Bond v. GodseySupreme Court of Virginia · 1901
3Cited by8 opinions
- State v. SnyderWyoming Supreme Court · 1923
- Fairbanks v. WarrumIndiana Court of Appeals · 1914
- Crain v. WestCourt of Appeals of Kentucky · 1921
- Meredith v. MeredithCourt of Appeals of Kentucky · 1921
- Butler v. ButlerSupreme Court of Arkansas · 1928
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