Legal Opinion

Evans & Shearer v. Ross

Supreme Court of Pennsylvania

Decided October 6, 1884No. 13Published

Ebbob to the Court of Common Pleas of Westmoreland county: Of October Term, 1884, No. 13. Ejectment, by W. J. Ross and Mary C.. bis wife, in her right, against Samuel T. Evans, and Hiram Shearer, to recover possessor of an undivided seventh part of a tract of one hundred and seventy-five acres of land in Allegheny township.

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Ebbob to the Court of Common Pleas of Westmoreland county: Of October Term, 1884, No. 13. Ejectment, by W. J. Ross and Mary C.. bis wife, in her right, against Samuel T. Evans, and Hiram Shearer, to recover possessor of an undivided seventh part of a tract of one hundred and seventy-five acres of land in Allegheny township. At the trial, before Hunter., P. J., it was admitted that David Evans in his lifetime owned the land in dispute, and that he died intestate leaving a widow, Ellen Evans, still living, and eight children, one of whom, Mary C., the wife of W. J. Ross, was the plaintiff.…

1Opinion of the CourtJustice Gordon

David Evans, of the county of Westmoreland, died intestate and seised of the land now in controversy, leaving to survive him a widow, Ellen Evans, and eight children, of whom one was Mary C., the plaintiff below, intermarried with W. J. Ross. Of this land partition was made under process regularly had in the Orphans’ Court of said county, and on the bid of William J. Ross, in right of his wife, one of the purparts resulting from this partition was allotted to him. Pie thereupon, in pursuance of the order of the court, entered into a recognizance conditioned for the payment to the widow, Ellen…

2Cases cited2 opinions

  1. Stewart v. MartinSupreme Court of Pennsylvania · 1834
  2. Good v. GoodSupreme Court of Pennsylvania · 1838

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