Fogelsonger v. Somerville
Supreme Court of Pennsylvania
In Error. ON the trial of this ejectment in the Common Pleas of Franklin county, a special verdict was found, of which the following is the substance : William Strain died intestate, seised in fee of the premises in dispute in September, 1794, leaving a widow and six children.
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In Error. ON the trial of this ejectment in the Common Pleas of Franklin county, a special verdict was found, of which the following is the substance : William Strain died intestate, seised in fee of the premises in dispute in September, 1794, leaving a widow and six children. On the petition of the eldest son, the Orphan’s Court of Franklin county awarded an inquest for the partition and valuation of the real estate of the intestate, who divided it into two parts; one containing 132 acres 149 perches, which was valued at seventy-five dollars an acre; the other, containing 162 acres, 146…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the Court.
After stating the facts, he proceeded as follows:
The plaintiffs below contend, that Isabella was entitled to a child’s part of her father, William. Strain's, estate of which part her husband, William Sponsler, was seised in her right, notwithstanding the order of the Orphan’s Court, by which it was given to him, his heirs and assigns. But the plaintiffs make no claim to any part of the land assigned by the Orphan’s Court to Sponsler, beyond that which descended to his wife as one of the heirs of her father ; so that there is no attempt to…
2Cases cited3 opinions
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Messinger v. KintnerSupreme Court of Pennsylvania · 1811
- Blocher v. CarmonySupreme Court of Pennsylvania · 1815
3Cited by3 opinions
- Mitchell v. KintzerSupreme Court of Pennsylvania · 1847
- Painter v. HendersonSupreme Court of Pennsylvania · 1847
- Cooksey v. BryanDistrict of Columbia Court of Appeals · 1894