Sharp v. Thompson
Supreme Court of Pennsylvania
This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Samuel Thompson and Ann, his' wife, (in right of the said Ann,) against Hannah Taylor, to recover possession of a house and lot of -ground in Spruce Street, -near Second Street, in the City of Philadelphia. Samuel Thompson and Hannah Taylor both died after the commencement of the suit.
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This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action of ejectment, brought by Samuel Thompson and Ann, his' wife, (in right of the said Ann,) against Hannah Taylor, to recover possession of a house and lot of -ground in Spruce Street, -near Second Street, in the City of Philadelphia. Samuel Thompson and Hannah Taylor both died after the commencement of the suit. On the trial, in the court below, a special verdict was rendered, finding the following facts, viz.: “ That Thomas Newark, sen., died on the day of December, 1786,…
1Opinion of the Court
*151The opinion of the court was delivered by
Sergeant, J.
On the question, what estate Thomas Newark took, under the will of his father, there has been little or no argument in this court; but I think it clear, that according to the current of decisions in this court and in England, he took an estate tail. Most of the authorities applicable to this point, will be found collected in the cases of Haines v. Witmer, (2 Yeates, 400,) and Clark v. Baker, (3 Serg. & R. 470.) The more doubtful point has been, whether the common recovery was duly suffered, so as to bar the issue in tail;'and the ,court…
2Cases cited2 opinions
- M'Kee's Leffee v. PfoutSupreme Court of the United States · 1798
- Lessee of Haines v. WitmerSupreme Court of Pennsylvania · 1798
3Cited by1 opinion
- Matlack v. RobertsSupreme Court of Pennsylvania · 1867