Soles v. Hickman
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of ejectment by Andrew Soles against John Hickman to recover the possession of lot No. 47 in McKeesport. The plaintiff gave in evidence the will of Samuel Brown, dated 30th June, 1849, proved 5th July, 1849, by which he devised the lot in dispute to Martha McGonigle, who, on the 7th July, 1849, took out letters of administration with the will annexed.
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Error to the District Court of Allegheny county. This was an action of ejectment by Andrew Soles against John Hickman to recover the possession of lot No. 47 in McKeesport. The plaintiff gave in evidence the will of Samuel Brown, dated 30th June, 1849, proved 5th July, 1849, by which he devised the lot in dispute to Martha McGonigle, who, on the 7th July, 1849, took out letters of administration with the will annexed. Soles, to 13th January Term, 1854, brought an action on the case against Martha Ann Wilson, late Martha Ann McGonigle, administratrix with the will annexed of Samuel Brown, with…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The learned president of the District Court decided that, where a devisee of land sells and conveys it, and afterwards, ¡and within five years after the testator’s death, suit is brought against the executor with notice to the devisee, and ■ not to the alienee, though in actual possession, and judgment is obtained *345thereon over six years after the testator’s death, and the land sold in the hands of the alienee, no title passes by such proceedings.
It seems to us that this is right. The proposition, as we have stated it, has, perhaps, some…
2Cases cited1 opinion
- Speer v. SampleSupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Windber Trust Co. v. WickSuperior Court of Pennsylvania · 1935
- Pyles v. Bosler, Pennsylvania Court of Common Pleas, Cumberland County1934