Smith v. Lindsey
Superior Court of Pennsylvania
Appeal, No. 35, Jan. T., 1908, by-plaintiff, from judgment of C. P. Susquehanna Co., April T., 1904, No. 58, for defendant non obstante veredicto in case of Nellie Lindsey Smith v. Jay and George. Lindsey. Writ in partition. Before Searle, P. J. The opinion of the Superior Court states the case. Error assigned was in entering judgment for defendant non obstante veredicto.
1Opinion of the Court
Opinion by
Porter, J.,
The question raised by this appeal must be determined by the construction of the deed of Daniel Miles to Ellen Lindsey, who died January 28, 1904, leaving to survive her a husband, Francis Lindsey, and three children, one of whom is the plaintiff and the other two defendants in this action. The plaintiff asserting that she took title as a purchaser under that deed, brought this action of partition. The question turned in the court below upon the right of the surviving husband of Ellen Lindsey to the possession of the land during his life, as tenant by the curtesy, and…
2Cases cited10 opinions
- Shapley v. DiehlSupreme Court of Pennsylvania · 1902
- Yarnall's AppealSupreme Court of Pennsylvania · 1872
- Haldeman v. HaldemanSupreme Court of Pennsylvania · 1861
- Simpson v. ReedSupreme Court of Pennsylvania · 1903
- Means v. Presbyterian ChurchSupreme Court of Pennsylvania · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Breidenthal v. GroomsSupreme Court of Oklahoma · 1932
- Keeley v. Moon, Pennsylvania Court of Common Pleas, Bucks County1934