Legal Opinion
Henry v. Pittsburgh Clay Manuf'g Co.
Court of Appeals for the Third Circuit
Decided April 14, 1897No. 10Published
In Error to the Circuit Court of the United States for the Western District of Pennsylvania.
1Opinion of the Court
BUTLER, District Judge.
The parties having dispensed with a jury, the court found the following facts:
“(1) William McClellan, the common source of title, was seised in fee of the land in question at the time of his death, and by .his will, which was duly probated, devised the land in question as follows:
“ T give and bequeath unto my son Francis McClellan a lot or piece of land situated on the west of my farm and bounded by a partition fence between the farm that I now live upon, on the east, and by lands of Wm. Kennedy and Jas. A. Barrett, be the same more or less, being the same piece of land…