Dunn v. Evans
Ohio Supreme Court
' This is a suit in chancery, reserved in the county of Belmont. The plaintiff claiming to be the owner in fee of 3185-4116 parts of one hundred and forty-six acres of land, which he holds as tenant in common with the defendant, asks partition. On April 3,1830, Mariam Penn, owning the premises, conveyed them to Francis Penn, her son and only child, and died sood afterward. On September 6, 1830, Francis Penn died seized of ■the land, leaving his wife pregnant.
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' This is a suit in chancery, reserved in the county of Belmont. The plaintiff claiming to be the owner in fee of 3185-4116 parts of one hundred and forty-six acres of land, which he holds as tenant in common with the defendant, asks partition. On April 3,1830, Mariam Penn, owning the premises, conveyed them to Francis Penn, her son and only child, and died sood afterward. On September 6, 1830, Francis Penn died seized of ■the land, leaving his wife pregnant. James Francis Penn, the posthumous child, was born on January 18, 1831, inherited the lands in fee, subject to the dower of his mother,…
1Opinion of the Court
*Judge Lane
pronounced the opinion of the court:. The fourth clause of the statute of descents of 1824, then in force, ’2 Chase’s Stat. 1313, see. 1, preferred the brothers and sisters of the intestate of the half blood to the next of kin to the intestate of the blood of the ancestor, from whom the estate descended, provided such next of kin were more remote from such ancestor ■.than his brothers and sisters, or their representatives. So that in this case, if Ather Evans, the brother in the half blood of James F. Penn, had been living at the time of his death, the land would have descended to…
2Cited by1 opinion
- Drake v. RogersOhio Supreme Court · 1861