Walker v. Quigg
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin comity. Ejectment for nineteen acres of land. William Quigg, Rebecca Quigg, Eliza Quigg, John Wesley and Catherine Quigg, by their guardian, William Quigg, against Samuel Walker. The parties claimed under the same original title. The plaintiff gave evidence, that the land belonged to John Quigg, who died seised thereof, leaving a widow Elizabeth and eight children, the titles of whom were vested in the plaintiffs.
Read the full summary
ERROR to the common pleas of Dauphin comity. Ejectment for nineteen acres of land. William Quigg, Rebecca Quigg, Eliza Quigg, John Wesley and Catherine Quigg, by their guardian, William Quigg, against Samuel Walker. The parties claimed under the same original title. The plaintiff gave evidence, that the land belonged to John Quigg, who died seised thereof, leaving a widow Elizabeth and eight children, the titles of whom were vested in the plaintiffs. The defendant then gave in evidence the will of John Quigg, dated the 10th of May 1824, as follows: " Item; it is my will, and I do order and…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is, an exception to the charge of the court below to the jury, in giving a construction to the wall of John Quigg, deceased, against the plaintiff in error’s claim to the land in dispute, under which will both parties claimed the land. We are of opinion that the court were right in their construction of the devise to the wife of the testator, and the authority given by the will to her over his land or real estate. The intention of the testator, as disclosed by the terms of the will itself, must govern and rule the…
2Cited by11 opinions
- Effinger v. HallSupreme Court of Virginia · 1885
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Cobbett v. GallagherSupreme Court of Pennsylvania · 1940
- Rohr v. KindtSupreme Court of Pennsylvania · 1842
6 more not listed; retrieve them via the Exa API.