Stuckey v. Keefe's Executors
Supreme Court of Pennsylvania
Error to the Common Pleas of Bedford county. . This was an action of ejectment by Samuel S. Stuckey against Samuel Brown and Thomas Keefe, executors of the last will and testament of John Keefe, deceased, for 110J acres of land. The parties agreed upon a case stated in the nature of a special verdict, with liberty to either party to sue out a writ of error, as follows:— “ 22d October, 1766. A patent issued from the Commonwealth to William Smith, for the land in dispute.
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Error to the Common Pleas of Bedford county. . This was an action of ejectment by Samuel S. Stuckey against Samuel Brown and Thomas Keefe, executors of the last will and testament of John Keefe, deceased, for 110J acres of land. The parties agreed upon a case stated in the nature of a special verdict, with liberty to either party to sue out a writ of error, as follows:— “ 22d October, 1766. A patent issued from the Commonwealth to William Smith, for the land in dispute. “ 18th November. 1795. William Smith conveyed the same to Adley and Robert Hemphill, ‘as tenants in common, and not as…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The land in controversy was formerly owned by Robert Hemphill, who conveyed it to William Blair and Rebecca, his wife, their heirs and assigns, as tenants in common, and not as joint tenants. William Blair died in 1830. The defendants claim under a conveyance from his widow, made in 1844. The plaintiff claims under the heirs of the deceased husband.
A conveyance to husband and wife creates neither a tenancy in common nor a joint tenancy. The estate of joint tenants is a unit made up of divisible parts; that of husband and wife is also a…
2Cases cited3 opinions
- Stevens v. StevensNew York Supreme Court · 1819
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Rogers v. GriderCourt of Appeals of Kentucky · 1833
3Cited by52 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
- Bramberry's EstateSupreme Court of Pennsylvania · 1893
- Summerlot v. SummerlotIndiana Court of Appeals · 1980
- Alles v. LyonSupreme Court of Pennsylvania · 1907
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