Mann v. Mann
Superior Court of Pennsylvania
Appeal, No. 99, April T., 1920, by defendant, from judgment of C. P. Allegheny County, Oct. T., 1917, No. 1031, on verdict for plaintiff in the case of David R. P. Mann v. Joseph W. Mann. Ejectment to recover mesne profits. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. Verdict in favor of the plaintiff for land described in writ and $832 in damages, and judgment thereon. Defendant appealed.
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Appeal, No. 99, April T., 1920, by defendant, from judgment of C. P. Allegheny County, Oct. T., 1917, No. 1031, on verdict for plaintiff in the case of David R. P. Mann v. Joseph W. Mann. Ejectment to recover mesne profits. Before Swearingen, J. The facts are stated in the opinion of the Superior Court. Verdict in favor of the plaintiff for land described in writ and $832 in damages, and judgment thereon. Defendant appealed. Error assigned was the charge of the court and refusal to grant a new trial. Until an election had been made, the husband was not entitled to the real estate as tenant by…
1Opinion of the Court
Opinion by
Linn, J.,
While other questions were raised below, only one is brought here. It is thus stated by appellant: “Can a surviving husband recover from his son, the devisee and executor of the deceased wife and mother, mesne profits between the death of the wife and the notice of election in the form provided by the Act of April 21, 1911, P. L. 79, to take against the will of the decedent?”
Plaintiff, the surviving husband of Nancy Mann, deceased, brought an action of ejectment and for mesne profits against defendant, their son. Testatrix died July 2, 1915, inter alia devising the premises…
2Cases cited3 opinions
- Buckland's EstateSupreme Court of Pennsylvania · 1913
- Paul's Executors v. PaulSupreme Court of Pennsylvania · 1860
- Clarke's AppealSupreme Court of Pennsylvania · 1875
3Cited by3 opinions
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Coane's EstatePennsylvania Orphans' Court, Philadelphia County · 1932
- Ward's EstatePennsylvania Orphans' Court, Philadelphia County · 1936