Legal Opinion

Inman v. Kutz

Supreme Court of Pennsylvania

Decided July 15, 1840PublishedCited by 7 opinions

WRIT of error to the common pleas of Luzerne connly. This was an action of ejectment by Jacob Kutz against Caleb Inman, for the one-third part of a tract of land, containing 38 acres. Richard Inman died seised of the land, leaving issue, eleven children, of whom Richard, Caleb, and John Inman were three.

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WRIT of error to the common pleas of Luzerne connly. This was an action of ejectment by Jacob Kutz against Caleb Inman, for the one-third part of a tract of land, containing 38 acres. Richard Inman died seised of the land, leaving issue, eleven children, of whom Richard, Caleb, and John Inman were three. In January, 1832, upon the petition of Israel Inman, the eldest son, a writ of partition and valuation was awarded, upon which the estate was divided into several parts, of which the land in question, 38 acres, was one, and called No. 2; valued at 70 dollars per acre. Caleb Inman came into…

1Opinion of the Court

The opinion of the court was delivered by

Sergeant, J.

The defendant below, plaintiff in error, has assigned several errors in respect to the evidence on the trial, and in the charge of the court.

1. The first bill of exceptions is to the admission of the agreement, dated the 7th January 1833, by which the defendant, in consideration of a transfer to him from his two brothers, John and Richard, of their interest in their father’s estate, agreed, that the defendant should elect to take the tract No. 2, now in question, and hold it as the common estate of the three parties, subject to certain…

2Cases cited1 opinion

  1. M'Cormick v. HarveySupreme Court of Pennsylvania · 1840

3Cited by7 opinions

  1. Henley v. Branch Bank at MobileSupreme Court of Alabama · 1849
  2. Wright v. Chestnut Hill Iron Ore Co.Supreme Court of Pennsylvania · 1863
  3. Heartley v. BeaumSupreme Court of Pennsylvania · 1845
  4. Haskins v. LowSupreme Court of Pennsylvania · 1851
  5. Sanderson v. PhinneySupreme Court of Pennsylvania · 1885

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