Davis v. Houston
Supreme Court of Pennsylvania
Debt sur obligation, 31BL 6s. 6d. Plea payment, with leave, &e. Tbe plaintiff sued as the guardian of Martha, Isabella and Sarah Maxwell, whose sister Margaret had conveyed to the defendant a certain plantation, in Caernarvon township. John Maxwell their father, died intestate, seized of these lands, having married a second wife, (living the first,) with whom he cohabited near fifteen years.
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Debt sur obligation, 31BL 6s. 6d. Plea payment, with leave, &e. Tbe plaintiff sued as the guardian of Martha, Isabella and Sarah Maxwell, whose sister Margaret had conveyed to the defendant a certain plantation, in Caernarvon township. John Maxwell their father, died intestate, seized of these lands, having married a second wife, (living the first,) with whom he cohabited near fifteen years. These children were born of the second wife, and the aforesaid Margaret was born in the life-time of the first wife. On an application to the Orphan’s Court, the lands w7ere valued and accepted by the…
1Opinion of the Court
Sed per eivr.
He may well be examined as to this collateral point, which agrees with the circumstances already proved. And if it is ascertained that the paper offered came from the hands of the second wife, it is equivalent to her declarations, to prove illegitimacy. Cowp. 594.
The defendant substantiated his defence; and having filed an agreement in court, that he would re-convey the lands to whoever should'be appointed by the children of Maxwell, on re-payment of the money already advanced, and the value of his permanent improvements, deducting the profits received therefrom, or that he would…
2Cited by3 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Wilson v. WilsonOhio Court of Appeals · 1917
- Miller v. AndersonOhio Supreme Court · 1885