Legal Opinion

Burk v. Gleason

Supreme Court of Pennsylvania

Decided November 17, 1863PublishedCited by 7 opinions

Ekroe, to the Common Pleas of Cambria county. This was an action of ejectment, by Josiah O. Burk against Jeremiah Gleason and Michael Gleason, for a tract of land in Summerhill township, Cambria county. Both parties claimed under William Burk, deceased.

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Ekroe, to the Common Pleas of Cambria county. This was an action of ejectment, by Josiah O. Burk against Jeremiah Gleason and Michael Gleason, for a tract of land in Summerhill township, Cambria county. Both parties claimed under William Burk, deceased. The widow, Margaret, intermarried with Jeremiah Gleason, one of the defendants, was, with her husband, at the institution of the suit, in possession of the land in controversy, and his defence rested on her title or right of possession. The plaintiff was a brother of deceased. William Burk died in 1854, seised of the land in controversy,…

1Opinion of the Court

The opinion of the court was delivered, November 17th 1863, by

Woodward, J.

We have had some difficulty in agreeing which decree of the court below should control the other— whether that which was made in favour of the widow, on the 11th June 1861, or that which was made in favour of the heirs, on the 28th of the same month ? And if neither was to be impeached in this collateral action, then how Avere the respective titles to be tried ?

But there is a point in the case on which it may be ruled, Avithout touching those ugly questions. William Burk died in 1854. His widow, without administering,…

2Cited by7 opinions

  1. Appeal of KernsSupreme Court of Pennsylvania · 1888
  2. Wilson's EstateSupreme Court of Pennsylvania · 1929
  3. Estate of WilliamsSupreme Court of Pennsylvania · 1891
  4. In re Reinstein's EstateSuperior Court of Pennsylvania · 1919
  5. In re McCauleyNew York Supreme Court · 1913

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