Thompson v. Stitt
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: No. 12, to October and November Term 1867. The action in the court below was ejectment, brought by Edward Thompson and Nancy his wife, in her right, against Levi Stitt and John E. Stitt, for 62 acres of land. The writ was issued April 9th 1864. The land in controversy belonged to John Stitt, Sr.; he died prior to 1833, and the land descended to his two sons the defendants, and a granddaughter named Amanda M. Stitt.
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Error to the Court of Common Pleas of Armstrong county: No. 12, to October and November Term 1867. The action in the court below was ejectment, brought by Edward Thompson and Nancy his wife, in her right, against Levi Stitt and John E. Stitt, for 62 acres of land. The writ was issued April 9th 1864. The land in controversy belonged to John Stitt, Sr.; he died prior to 1833, and the land descended to his two sons the defendants, and a granddaughter named Amanda M. Stitt. On the 6th of May 1863, all the interest of John E. Stitt in the land was levied on, and sold in the same month by the…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Agnew, J.
It was decided in Ragan’s Estate, 7 Watts 438, that an alienee having the title of an heir is a proper party to *159proceedings in the Orphans’ Court for partition, and succeeds to the right-of election. This, though not founded on the letter of the statute, results from its true design, has been sanctioned by general practice, and is recognised in subsequent cases: Thomas v. Simpson, 3 Barr 71; Sampson’s Appeal, 4 W. & S. 86; Painter v. Henderson, 7 Barr 50. In Uzziah Stewart’s Estate, decided at this term (post, p. 241), the…
2Cases cited2 opinions
- Ragan's EstateSupreme Court of Pennsylvania · 1838
- Sampson's AppealSupreme Court of Pennsylvania · 1842
3Cited by10 opinions
- Galli's EstateSupreme Court of Pennsylvania · 1941
- Doyle's EstateSupreme Court of Pennsylvania · 1927
- Leahey v. O'ConnorSupreme Court of Pennsylvania · 1924
- Becker EstateSupreme Court of Pennsylvania · 1945
- Appeal of RawleSupreme Court of Pennsylvania · 1888
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