Shonk v. Brown
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: No. 301, to January Term 1869. This was an action of ejectment brought January 30th 1866, by Aaron Brown and Esther his wife, in her right; D. D. Headley and Jane his wife, in her right; John Gould, guardian of Elizabeth Atherton, in her right; and Aaron Brown, in his own right, against John J. Shonk, for a lot of ground situate in the township of Plymouth, county of Luzerne, containing 142 acres 24 perches.
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Error to the Court of Common Pleas of Luzerne county: No. 301, to January Term 1869. This was an action of ejectment brought January 30th 1866, by Aaron Brown and Esther his wife, in her right; D. D. Headley and Jane his wife, in her right; John Gould, guardian of Elizabeth Atherton, in her right; and Aaron Brown, in his own right, against John J. Shonk, for a lot of ground situate in the township of Plymouth, county of Luzerne, containing 142 acres 24 perches. The action was for the recovery of an undivided seventh part of the coal and the undivided eleventh part of the surface of the land,…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Agnew, J.
Two questions are presented for our decision— one as to the power of Mrs. Ann Atherton to convey her separate estate, and the other as to the validity of the curative Act of 1863. The parties having united in treating the estate of Mrs. Atherton under the will of Jacob Gould as a fee simple, it is unnecessary to examine the will in this respect. The effect of the devise was to vést the estate for her sole and separate use, freed from the debts of her husband, and without power to convey during coverture. The will took effect…
2Cases cited3 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- Norman v. HeistSupreme Court of Pennsylvania · 1843
- Cochran v. O'HernSupreme Court of Pennsylvania · 1842
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- Waits' EstateSupreme Court of Pennsylvania · 1939
- Barnesboro Borough v. SpeiceSuperior Court of Pennsylvania · 1909
- Tracy EstateSupreme Court of Pennsylvania · 1961
- Velazquez v. UPMC Bedford Memorial HospitalDistrict Court, W.D. Pennsylvania · 2004
- Brubaker's EstateSuperior Court of Pennsylvania · 1915
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