Cooke v. Doron
Supreme Court of Pennsylvania
Appeal, No. 5, Jan. T., 1906, by defendant, from judgment of C. P. Bucks Co., Sept. T., 1903, No. 1, on case stated for plaintiff in suit of Joseph C. Cooke v. William E. Doron. Case stated to determine title to an interest in real estate. From the case -stated it appeared that Catharine H. Doron, was a sister of the defendant and seized with him as tenant in common of certain real estate in Bucks county. In 1893 Catharine II. Doron married Joseph C. Cooke, the plaintiff.
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Appeal, No. 5, Jan. T., 1906, by defendant, from judgment of C. P. Bucks Co., Sept. T., 1903, No. 1, on case stated for plaintiff in suit of Joseph C. Cooke v. William E. Doron. Case stated to determine title to an interest in real estate. From the case -stated it appeared that Catharine H. Doron, was a sister of the defendant and seized with him as tenant in common of certain real estate in Bucks county. In 1893 Catharine II. Doron married Joseph C. Cooke, the plaintiff. Mrs. Cooke died on August 16, 1894, intestate and without issue, leaving to survive her, her husband, the plaintiff. It…
1Opinion of the Court
Opinion by
Me. Justice Elkin,
The question raised by this appeal is whether an alien husband is entitled as tenant by the curtesy to the real estate, or the interest therein, of which his wife died seized. At common law an alien cannot be tenant by the curtesy in this state. This rule is not questioned, and cannot be under the authority of our cases: Jackson’s Lessee v. Burns, 3 Binney, 75; Orr v. Hodgson, 17 U. S. 453; Rubeck v. Gardner, 7 Watts, 455 ; Reese v. Waters, 4 W. & S. 145. The burden is therefore on an alien husband to point to the act or acts of assembly giving him the right to…
2Cases cited5 opinions
- Orr v. HodgsonSupreme Court of the United States · 1819
- Comm'th v. DetwillerSupreme Court of Pennsylvania · 1890
- Watson v. WatsonSupreme Court of Connecticut · 1839
- Rubeck v. GardnerSupreme Court of Pennsylvania · 1838
- Reese v. WatersSupreme Court of Pennsylvania · 1842
3Cited by16 opinions
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- Kidd's EstateSupreme Court of Pennsylvania · 1928
- Schoellkopf v. DevryIllinois Supreme Court · 1937
- Miller v. OliverCalifornia Court of Appeal · 1921
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