Morris v. Stephens
Supreme Court of Pennsylvania
Error to the Common Pleas of Gfreene county. This was an action of ejectment, brought December 30th 1862, by Barzilla Stephens, in right of his wife Margaret, against Elijah Morris et al., for the undivided fifth part'of two.tracts of land in Whitely township, Greene county, the one containing one hundred and ninety-eight acres, and the other two hundred and eighteen acres.
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Error to the Common Pleas of Gfreene county. This was an action of ejectment, brought December 30th 1862, by Barzilla Stephens, in right of his wife Margaret, against Elijah Morris et al., for the undivided fifth part'of two.tracts of land in Whitely township, Greene county, the one containing one hundred and ninety-eight acres, and the other two hundred and eighteen acres. Andrew Lantz, the elder, who was the owner of the land in controversy, died in 1859, intestate, leaving five children, of whom Mrs. Margaret Stephens was one. She claimed, therefore, to recover the undivided fifth part of…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1864, by
Lowrie, C. J.
This is a conveyance by Andrew Lantz, Sr., to “the heirs of his son Andrew,” who was then living, and the court below pronounced the deed void for uncertainty, and refused to admit parol evidence that the grantor declared that he meant Andrew’s children then born, and that might be born afterwards. This decision is fully sustained by authority by the opinion of the court in the case of Hall v. Leonard, 1 Pick. 27, and by the citations there made, and by others furnished by the counsel here.
The counsel for the defendants…
2Cited by10 opinions
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