Hays v. Leonard
Supreme Court of Pennsylvania
Appeal, No. 130, Jan. T., 1893, by plaintiff, John Hays, from judgment of C. P. Cumberland Co., Sept. T., 1889, No. 211, on verdict for defendants, E. B. Leonard et al. Ejectment. The facts appear by the opinion of the Supreme Court. The court, Furst, P. J., of the 49th judicial district, specially presiding, gave binding instruction for defendant. [2] Verdict and judgment for defendant. Plaintiff appealed. Error assigned was (2) above instruction, quoting it.
1Opinion of the Court
Opinion by
Mb. Justicio Wilbiams,
It is conceded that Anna E. Leonard took title to the real estate in controversy in this case under the will of E. B. Leonard, Sr., her husband’s father. The plaintiff claims to have acqrrired her title by virtue of a sheriff’s sale upon a judgment recovered on a mortgage executed by Anua E. Leonard and E. B. Leonard, her husband. The right of the plaintiff to recover rests upon the power of Mrs. Leonard to make a valid incumbrance. If she held an absolute estate in fee simple under the will of E. B. Leonard, Sr., she could make a valid mortgage, and a…
2Cases cited3 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- MacConnell v. LindsaySupreme Court of Pennsylvania · 1890
- MacConnell v. WrightSupreme Court of Pennsylvania · 1892
3Cited by8 opinions
- Travis v. SitzTennessee Supreme Court · 1915
- Samson's EstateSuperior Court of Pennsylvania · 1903
- Scott v. BryanSupreme Court of Pennsylvania · 1899
- Lewis v. BryceSupreme Court of Pennsylvania · 1898
- Murray v. LowrieSupreme Court of Pennsylvania · 1904
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