Legal Opinion

Aitkin v. Young

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 7 opinions

Error to the District Court of Allegheny. Sept. 10. This was an action of ejectment brought by the heirs of William Aitkin, of Mary Nelson, and Susan Dickson, who were devisees of the property in dispute under the will of John Aitkin, against James Mehaffy and others, tenants of Thomas B. Young, who appeared and made defence.

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Error to the District Court of Allegheny. Sept. 10. This was an action of ejectment brought by the heirs of William Aitkin, of Mary Nelson, and Susan Dickson, who were devisees of the property in dispute under the will of John Aitkin, against James Mehaffy and others, tenants of Thomas B. Young, who appeared and made defence. Both parties derived title from John Aitkin, deceased, who was seised in fee of the premises, and who by his will, dated in 1825, proved June 7, 1828, devised the same to his wife Janet for life, with one-third to her in fee, the remaining two-thirds in fee to his…

1Opinion of the Court

Tbe opinion of this Court was delivered by

Rogers, J.

We do not perceive that any error was committed in admitting tbe proceedings in tbe Court of Common Pleas, on tbe application of Thomas B. Young, to prove tbe contract between John Aitkin and John Young for a perpetual lease of, tbe property in controversy. This application was made under tbe provisions of tbe Act of tbe 10th March, 1818, a farther supplement to tbe Act of tbe 31st March, 1792, an Act to enable executors and administrators, by leave of tbe Court, to convey lands and tenements contracted for with their decedents. Tbe petition…

2Cited by7 opinions

  1. Formby v. WilliamsSupreme Court of Alabama · 1919
  2. Seabury v. Fidelity Insurance Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1903
  3. Commonwealth v. LeviSuperior Court of Pennsylvania · 1910
  4. Commonwealth v. KeeneSuperior Court of Pennsylvania · 1898
  5. Skinner v. FurnasOregon Supreme Court · 1916

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