Goughnour v. Zimmerman
Supreme Court of Pennsylvania
Appeal, No. 30, Oct. T., 1912, by plaintiffs, from judgment of C. P. Cambria Co., March T., 1909, No. 278, for defendant non obstante veredicto in case of George W. Goughnour, et al., v. Eugene Zimmerman, et al. Before Fell, C. J., Brown, Mestrezat, Potter, Elkin and Moschzisker, JJ. Ejectment for land in the Seventh Ward of the City of Johnstown.
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Appeal, No. 30, Oct. T., 1912, by plaintiffs, from judgment of C. P. Cambria Co., March T., 1909, No. 278, for defendant non obstante veredicto in case of George W. Goughnour, et al., v. Eugene Zimmerman, et al. Before Fell, C. J., Brown, Mestrezat, Potter, Elkin and Moschzisker, JJ. Ejectment for land in the Seventh Ward of the City of Johnstown. Before O’Connor, P. J. At the trial it appeared that Susan Horner died on February 19, 1881, seized of a tract of land which by will she devised to her three illegitimate children, and the issue of a deceased illegitimate child. The land was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The plaintiffs are brothers and sisters of Mary Zimmerman, who was one of four illegitimate children. The land for which ejectment was brought was devised to her by her mother in 1881. She died intestate in 1882, leaving to survive her a husband whose claim of title under the Intestate Act of 1883 was undisputed during his life and who devised the land to the defendants, who are his children by a subsequent marriage. ,
All of our decisions hold that the Act of 1855 did not legitimate illegitimates but gave to the mother and illegitimate children the capacity to…
2Cases cited5 opinions
- Steckel's AppealSupreme Court of Pennsylvania · 1870
- Woltemate's AppealSupreme Court of Pennsylvania · 1878
- Grubb's AppealSupreme Court of Pennsylvania · 1868
- Neil's AppealSupreme Court of Pennsylvania · 1879
- Rees's EstateSupreme Court of Pennsylvania · 1896
3Cited by1 opinion
- FRAZIER v. Oil Chemical Co.Supreme Court of Pennsylvania · 1962