Smith v. Miller

Opinion by

Mr. Justice Walling,

This is an action of ejectment for an undivided one-half interest in a piece of land in the Borough of Punxsutawney, Jefferson County. In 1857, Sarah J. Miller, the then owner and common source of title devised the land to her three children, Virginia, Anna and Frank. Anna dying intestate and without issue, her interest became vested in Virginia and Frank, each of whom thereby became owner of an undivided one-half of the land. It is admitted that Virginia’s one-half interest became and is vested in the defendants, while this suit involves the one-half interest…