Lessee of Davidson v. Heydom
Supreme Court of Pennsylvania
Ejectment for one undivided half part of a lot of ground in the manor of Bedford, containing 17f- acres and 11 perches. John Penn, junior, and John Penn, senior, the late proprietaries, being seized of the premises, by deed dated 22d September 1786, in consideration of 71/. granted and conveyed to Bernard Dougherty and Mary Kinkade, their heirs and assigns, the same premises, bounded, &c.
Read the full summary
Ejectment for one undivided half part of a lot of ground in the manor of Bedford, containing 17f- acres and 11 perches. John Penn, junior, and John Penn, senior, the late proprietaries, being seized of the premises, by deed dated 22d September 1786, in consideration of 71/. granted and conveyed to Bernard Dougherty and Mary Kinkade, their heirs and assigns, the same premises, bounded, &c. “to have and to hald the same “to the said Bernard Dougherty and Mary Kinkade, their heirs and assigns, and to the heirs and assigns of the survivor of them, forever.” The said Bernard Dougherty after-wards…
1Opinion of the Court
Yeates J.
My brother Smith being a nominal trustee in the deed of assignment, though wholly uninterested, utterly refuses taking any part in the cause. I for my own part, feel no difficulty on either question. The words made use of in the original deed correctly describe an estate in joint-tenancy. The expressions in the latter part of the clause of tenendum, about which the difficulty is raised, exclude any doubt respecting the grammatical construction, to whose heirs the ultimate fee is to go. — We need not on this occasion recur to feudal principles for the solution of the question. In…
2Cited by11 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- American Oil Co. v. FalconerSuperior Court of Pennsylvania · 1939
- Angier v. WorrellSupreme Court of Pennsylvania · 1943
- Larendon EstateSupreme Court of Pennsylvania · 1970
- Estate of KotzSupreme Court of Pennsylvania · 1979
6 more not listed; retrieve them via the Exa API.