Legal Opinion

Darlington's Appropriation

Supreme Court of Pennsylvania

Decided May 15, 1850PublishedCited by 4 opinions

Appeal from -the decree of the Common Pleas of Perry Oounty. This was an appeal from the decree of the court, distributing certain of the proceeds of a sheriff’s sale, of the real estate of David Darlington. Meredith Darlington died intestate, seized of a large tract of land, leaving a widow, named Jane, who has since died, and issue, four children,' viz: David, Wilson, Samuel and Sarah.

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Appeal from -the decree of the Common Pleas of Perry Oounty. This was an appeal from the decree of the court, distributing certain of the proceeds of a sheriff’s sale, of the real estate of David Darlington. Meredith Darlington died intestate, seized of a large tract of land, leaving a widow, named Jane, who has since died, and issue, four children,' viz: David, Wilson, Samuel and Sarah. In November, 1827, an agreement under seal, for the partition of the land, was entered into by Jane, the widow, by Einlaw MeCown, who was the husband of Sarah, by Wilson, and by Rice, as the guardian of…

1Opinion of the Court

The opinion of the court was delivered by

Bell, J.

Every question supposed to arise upon this record, has been settled, by repeated adjudications, in this court.

Among other determinations Long vs. Long, 1 W. 266; Calhoun vs. Hays, 8 W. & S. 131, and McMahon vs. McMahon, decided at the present term, may be cited as decisive of the validity of the voluntary partition made by the heirs of the late Meredith Darlington, and its binding efficacy upon Finlaw McCown and his late wife, even were they here contesting it. By our law, a husband may compel partition of a wife’s interest in an estate,…

2Cases cited2 opinions

  1. Calhoun v. HaysSupreme Court of Pennsylvania · 1844
  2. Strawbridge v. FunstoneSupreme Court of Pennsylvania · 1841

3Cited by4 opinions

  1. Baltimore & Ohio Railroad v. TrimbleCourt of Appeals of Maryland · 1879
  2. McKnight v. BellSupreme Court of Pennsylvania · 1890
  3. Keiber, Administrator v. KeiberSuperior Court of Pennsylvania · 1926
  4. Smith Estate, Pennsylvania Court of Common Pleas, Monroe County1950

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