Appel v. Byers
Supreme Court of Pennsylvania
October 6th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Sharswood, O. J., absent, Error to the Common Pleas No. 2, of Allegheny county: Of October and November Term 1881, No. 130. This was an action of ejectment by Philip Byers against Tobias Appel for a tract of land. On petition the landlord of the defendant, who was also named Philip Byers, was admitted to defend.
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October 6th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Sharswood, O. J., absent, Error to the Common Pleas No. 2, of Allegheny county: Of October and November Term 1881, No. 130. This was an action of ejectment by Philip Byers against Tobias Appel for a tract of land. On petition the landlord of the defendant, who was also named Philip Byers, was admitted to defend. Subsequently, the death of the plaintiff being suggested of record, his heirs were substituted as plaintiffs. Both plaintiffs and defendants claimed title under the will of one Peter Byers, who had died…
1Opinion of the CourtJustice Mercur
Each party claims title to the land in question, under the same clause in the will of Peter Byers. He therein declares “ I hereby devise that my nephew Philip Byers shall have and hold, after the death of my wife, all my real and personal estate.”
The jury returned a special verdict wherein they found “ that the testator Peter Byers, died leaving two 'nephews, one Philip, the son of Martin, legitimate: another Philip, the son of Louis, illegitimate.” Also that the nephew intended by -the testator to inherit, was Philip the illegitimate nephew; the son of Louis, and this from evidence aliunde…
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