Irish v. Smith
Supreme Court of Pennsylvania
In Error. • WRIT of error tó tbe Common Pleas of Allegheny county, in which Court an action of ejectment was brought by the defendant in error, Mary Smith, against William B. Irish, the plaintiff m error, to recover part ot a lot ot ground in St. Clair street, in the city of Pittsburg.
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In Error. • WRIT of error tó tbe Common Pleas of Allegheny county, in which Court an action of ejectment was brought by the defendant in error, Mary Smith, against William B. Irish, the plaintiff m error, to recover part ot a lot ot ground in St. Clair street, in the city of Pittsburg. The claimed under a writing, which she alleged to be the will of • k-f' ^ her late father, captain Nathaniel Irish, dated the 21st of July, 1813, by which the premises in question were devised to her. The defendant, who was a son of captain Irish, ci,limed under a paper bearing date the 7th of November, 1814,…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J. —
This is an ejectment brought by Mary Smith against Wm. B. Irish. The plaintiff and defendant *575are children of captain Nathaniel Irish, deceased, and both claim under their father’s will. But the question is,' what was his will. Different writings ¡;re set up. The plaintiff claims under a writing, dated the 21st of July, 1813 ; the defendant, under one, dated the 7th of November, 1814. The will of 1814 was proved and recorded in the Register’s office on the 24th of September, 1816, soon after the death of the testator. That of 1813 was…
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