Langley v. Heald
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Chester county. This was an action of ejectment brought by Ishmael Heald by his guardian against Jonathan Langley, to recover 44 acres of land in Chester county. The following facts were agreed upon by the parties to be considered in the nature of a special verdict.
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ERROR to the Common Pleas of Chester county. This was an action of ejectment brought by Ishmael Heald by his guardian against Jonathan Langley, to recover 44 acres of land in Chester county. The following facts were agreed upon by the parties to be considered in the nature of a special verdict. Isaac Heald, being seised in his demesne as of fee of the above-mentioned tract of land, having first made his last will and testament, dated February 12th 1821, and duly proved December 10th 1822, died, leaving to survive him his son Passmore Heald, in said will named. The said will, which it is…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The question that arises in this case is, whether the devisee Passmore Heald took an estate in fee with an executory devise over to the testator’s daughter Elizabeth, or an estate tail. In the former case, the title of the purchaser at sheriff’s sale is good; in the latter, the plaintiff below is entitled as heir in tail. The principle is now settled by frequent decisions, and especially in the case of Pells v. Brown, (Cro. Jac. 590), which is considered a leading case on this subject, 3 Yeates 221, 7 T. R. 596, that an executory devise…
2Cases cited2 opinions
- Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840
- Lessee of Hauer v. ShitzSupreme Court of Pennsylvania · 1801
3Cited by10 opinions
- Taylor v. TaylorSupreme Court of Pennsylvania · 1870
- Lapsley v. LapsleySupreme Court of Pennsylvania · 1848
- Hackney v. TracySupreme Court of Pennsylvania · 1890
- Beckley v. RiegertSupreme Court of Pennsylvania · 1905
- Eby v. EbySupreme Court of Pennsylvania · 1846
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