Messinger v. Kintner
Supreme Court of Pennsylvania
In Error. Error to the Common Pleas of Washington county. Kintner the plaintiff below brought this action, which was ejectment, to recover an undivided ninth part of a tract of land, containing 270 acres or thereabouts, which he claimed as one of the children of Michael Kintner who died seised in fee. Messinger one of the defendants married a daughter of Michael Kintner, and claimed the property under a decree of the Orphan’s Court, adjudging it to him at a valuation.
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In Error. Error to the Common Pleas of Washington county. Kintner the plaintiff below brought this action, which was ejectment, to recover an undivided ninth part of a tract of land, containing 270 acres or thereabouts, which he claimed as one of the children of Michael Kintner who died seised in fee. Messinger one of the defendants married a daughter of Michael Kintner, and claimed the property under a decree of the Orphan’s Court, adjudging it to him at a valuation. The other defendants were purchasers under him. The record of the Orphan’s Court presented the following entries: “ 7th…
1Opinion of the Court
*Tilohman C. J.
There are two questions in this cause. 1. Whether the decree of the Orphan’s Court, by which the land of Michael Kintner deceased was adjudged to Daniel Messinger was void. 2. If void, whether Peter Kintner, the plaintiff below, has confirmed the title of the defendants by his actions and conduct.
1. I would make great allowance for informality in the proceedings of Orphan’s Courts in early times. But this allowance must not be carried so far as to sanction manifest injustice. After a length of time, presumptions may be made in favor of what does not appear. But there can be no…
2Cases cited2 opinions
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Stark v. BrownWisconsin Supreme Court · 1860
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- In re the Probate of the Will of MousseauSupreme Court of Minnesota · 1883
- Klingensmith v. BeanSupreme Court of Pennsylvania · 1834
- Fogelsonger v. SomervilleSupreme Court of Pennsylvania · 1820
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