Johnson v. Hart
Supreme Court of Pennsylvania
ERROR to the District Court for the city and county of Philadelphia, in an action of ejectment, in which judgment was entered for the plaintiff on a case stated, fo/ one half the premises.
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ERROR to the District Court for the city and county of Philadelphia, in an action of ejectment, in which judgment was entered for the plaintiff on a case stated, fo/ one half the premises. It was an action brought by Lydia Hart against Sarah son and the children of John Hart, deceased, to recover the difference between one third and one half, or one sixth of certain premises conveyed by Mrs De Brahm to Mrs H. Speakman and John Hart and Lydia his wife by deed dated 6th May 1800, to hold to them and their heirs and assigns as tenants in common and not as joint tenants. Mrs Speakman and John…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only question raised in this case is whether ujider the deed from Mary de Brahm to Hannah Speakman and John Hart and Lydia his wife, Hannah Speakman took an undivided moiety of the estate thereby conveyed or only an undivided third part thereof; or, in other words, whether John Hart and Lydia his wife did not each take an equal undivided third part of the same as tenants in common, or only an undivided moiety of the whole, to be held by them jointly as tenants in common with Hannah Speakman. Had the estate been granted to them to be held…
2Cases cited1 opinion
- Barber v. HarrisNew York Supreme Court · 1836
3Cited by15 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- Nelson v. HotchkissSupreme Court of Missouri · 1980
- Chandler v. CheneyIndiana Supreme Court · 1871
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Heatter v. LucasSupreme Court of Pennsylvania · 1951
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