Rubeck v. Gardner
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. Matthias Rubeck and Ann his wife, Gotlieb Kuhnler, George Kuhnler and others, heirs at law of John Lawyer deceased against Abraham Gardner. Ejectment. The court below (White, President) thus detailed the facts and law of the case to the jury.
Read the full summary
ERROR to the common pleas of Westmoreland county. Matthias Rubeck and Ann his wife, Gotlieb Kuhnler, George Kuhnler and others, heirs at law of John Lawyer deceased against Abraham Gardner. Ejectment. The court below (White, President) thus detailed the facts and law of the case to the jury. “It appears from the evidence that John Lawyer came to this country an alien in the year 1807 or 1808, that he purchased the piece of land in controversy in 1809, and died early in the month of December 1812. There is no evidence that he was naturalized, or ever made the declaration required by the act of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The charge of the judge below presents in a succinct and clear manner the history of Pennsylvania legislation on the subject of the right of aliens to hold and transmit real estate. The plaintiff in error relies on certain points arising upon this charge, as entitling him to a reversal of the judgment.
1. It is suggested that without office found the estate would descend to the heir. But the law is, that if an alien purchase land, or if land be devised to him, he may take and hold until an inquest of office; but upon his death the land would…
2Cited by4 opinions
- Crane v. ReederMichigan Supreme Court · 1870
- Reid v. State ex rel. ThompsonIndiana Supreme Court · 1881
- Cooke v. DoronSupreme Court of Pennsylvania · 1906
- Komarnicki's Case, Pennsylvania Court of Common Pleas, Columbia County1923