Morton v. Funk
Supreme Court of Pennsylvania
In error from the Common Pleas of Beaver county. • Oct. 5. Morton, by his will, executed in 1807, and proved in 1810, devised one-third of his real estate to his widow for life; and to his son William, “ if he does not obtain the land he now lives on, the one-half of the tract I now live on, and the other half to my son Joseph, allowing my wife her thirds during her natural life.”
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In error from the Common Pleas of Beaver county. • Oct. 5. Morton, by his will, executed in 1807, and proved in 1810, devised one-third of his real estate to his widow for life; and to his son William, “ if he does not obtain the land he now lives on, the one-half of the tract I now live on, and the other half to my son Joseph, allowing my wife her thirds during her natural life.” Joseph entered upon the whole tract at the death of his father, and continued in adverse possession until a sheriff’s sale of his interest to the lessor of the defendant. The widow of Morton also continued in…
1Opinion of the CourtBell, J.
The rebutting evidence offered by the plaintiff, was admitted by the court below, for the purpose of showing the character of Joseph Morton’s possession, but rejected as proof that the statute of limitations would not commence to run until after the final settlement of the action of ejectment brought by the lessee of William Morton, jun., against Denn and others, in the Court of -Common Pleas of Beaver county, to November Term, 1814. It is difficult to understand the precise object of the latter portion of this offer, in the terms in which it was couched. The testimony was received to rebut…
2Cases cited2 opinions
- Jackson v. Mancius & Van-DerheydenNew York Supreme Court · 1829
- Chambers v. WilsonSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- McCormick v. SypherSupreme Court of Pennsylvania · 1913