Johnston v. Johnston
Supreme Court of Pennsylvania
ERROR to the common pleas of Allegheny comity. Andrew Johnston against William Johnston. This was an action of ejectment for one hundred and two acres of land. The original title to the land had been in the plaintiff. This was shown. William Johnston, the father of the plaintiff and defendant, died in 1812, seised of a tract of land, leaving a widow, Margaret, and issue, Andrew, William, James, Joseph and Roily Johnston.
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ERROR to the common pleas of Allegheny comity. Andrew Johnston against William Johnston. This was an action of ejectment for one hundred and two acres of land. The original title to the land had been in the plaintiff. This was shown. William Johnston, the father of the plaintiff and defendant, died in 1812, seised of a tract of land, leaving a widow, Margaret, and issue, Andrew, William, James, Joseph and Roily Johnston. Joseph and James, took the estate of their father by a decree of the orphans’ court, at the valuation. Share of each heir 292 dollars, exclusive of the widow’s dower. In 1822…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
By the original lease of the 31st of January 1824, the lessees became entitled to a freehold, during the life of Margaret Johnston, subject to an annual rent of 50 dollars. And it was further agreed, that if, at the expiration of that time, they should pay the lessor 1000 dollars, he agrees to convey all his interest in the premises to the lessees, or the survivors of them. The lessees entered and occupied the property until the spring of 1828; and at that time, Andrew, the lessor, having sold, or having agreed to sell, one half of the land,…
2Cases cited1 opinion
- Ebert v. WoodSupreme Court of Pennsylvania · 1807
3Cited by3 opinions
- Kirk v. Ford Et Ux.Supreme Court of Pennsylvania · 1938
- Brown v. BaileySupreme Court of Pennsylvania · 1893
- School District Number One v. HoltSupreme Court of Missouri · 1910