Kinter v. Jenks
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action of ejectment, by Mary IT. Jenks and Anne H. Jenks, by their guardians, against Henry Kinter, Isaac P. Carmalt et al., for three hundred and ninety-six acres of land, in Young township.
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Error to the Common Pleas of Jefferson county. This was an action of ejectment, by Mary IT. Jenks and Anne H. Jenks, by their guardians, against Henry Kinter, Isaac P. Carmalt et al., for three hundred and ninety-six acres of land, in Young township. On the trial, the plaintiff showed title in Robert Morris, under an indescriptive warrant, dated March 5th 1793, and a survey of three hundred and ninety-six and three-fourth acres, to him, accepted January 11th 1819, and gave in evidence his will, proved June 16th 1804, by wdiich, after several bequests to his children and others, he gave the…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The cases of Heath v. Knapp, 10 Watts 405, and 4 Barr 228, dispose of all the points in this case but one. The last-named case decided that Robert Morris, by his will, gave his wife an estate in fee simple, which was the clear and uncontested meaning of that instrument, and unaccompanied by any trust whatever: Pennock’s Estate, 8 Harris 268. The first case disposed of the claim under Grant, by a sheriff’s sale of the warrant in 1802, in Northumberland county, on two grounds: First, that the sale passed no interest to the grantee, inasmuch as…
2Cases cited2 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Heath v. KnappSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- Mancine v. Concord-Liberty Savings & Loan Ass'nSuperior Court of Pennsylvania · 1982
- Boyle v. BoyleSupreme Court of Pennsylvania · 1893
- Presbyterian Board of Foreign Missions v. CulpSupreme Court of Pennsylvania · 1892
- McIntyre v. McIntyreSupreme Court of Pennsylvania · 1889
- Mancine v. CONCORD-LIB. SAV. & LOAN ASS'NSuperior Court of Pennsylvania · 1982
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