Cox v. Rogers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Washington county: of October and November Term 1874, No. 80. This was an action of ejectment, commenced March 28th 1872, by Rose Ann Cox and a number of others, against Patrick Rogers, for seven undivided ninth parts of a tract of 800 acres of land in Donegal township.
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Error to the Court of Common Pleas of Washington county: of October and November Term 1874, No. 80. This was an action of ejectment, commenced March 28th 1872, by Rose Ann Cox and a number of others, against Patrick Rogers, for seven undivided ninth parts of a tract of 800 acres of land in Donegal township. The -plaintiffs and the defendants were the children and descendants of children, of Francis Rogers and Elizabeth Rogers, his wife; the plaintiffs representing seven of nine. John IIupp, Sr., some time before the beginning of this century, was the owner of several adjoining Surveys, making…
1Opinion of the CourtJustice Williams
The main question in this case arises on the last assignment of error. Are the plaintiffs estopped from recovering the land in dispute as the heirs of Elizabeth Rogers by her acceptance of the legacy under the will of her husband, Erancis Rogers ? It is well settled that if one accepts a benefit under a will, he is estopped from asserting a claim repugnant to its provisions. If then Mrs. Rogers elected to take the personal property bequeathed to her by her husband, it is clear that her heirs are estopped from claiming the land which he devised to the defendant, even if it belonged to her and…
2Cases cited1 opinion
- Calhoun v. HaysSupreme Court of Pennsylvania · 1844
3Cited by27 opinions
- Miller's EstateSupreme Court of Pennsylvania · 1894
- Estate of WoodburnSupreme Court of Pennsylvania · 1891
- Cooley v. HoustonSupreme Court of Pennsylvania · 1911
- General Electric Co. v. N. K. Ovalle, Inc.Supreme Court of Pennsylvania · 1939
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1928
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