Maple v. Kussart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county. This was ejectment by Stephen Maple and others, heirs at law of Elizabeth Maple, deceased, against Philip Kussart and George Weaver. The land in dispute was, on the 27th day of February 1849, conveyed “ to Thomas Maple and Elizabeth his wife, and to their heirs and assigns.”
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Error to the Court of Common Pleas of Greene county. This was ejectment by Stephen Maple and others, heirs at law of Elizabeth Maple, deceased, against Philip Kussart and George Weaver. The land in dispute was, on the 27th day of February 1849, conveyed “ to Thomas Maple and Elizabeth his wife, and to their heirs and assigns.” Thomas Maple died September 12th 1849, having made his will, dated August 20th 1849, by which, after a number of bequests, he provided::— “ And my will is that all the remainder of my estate be disposed of as soon after my decease as convenient, and to be disposed of to…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
If the plaintiffs could succeed in recovering from the defendants the land in controversy, they would perpetrate a great wrong through the instrumentality of the law. In common honesty they have not a shadow of right to the property, and their attempt to eject the defendants is practically a fraud. They claim as heirs of Mrs. Maple. As such, they stand in no better position than she would have stood in were she now living. What would have barred her recovery will bar theirs now.
No doubt the mill tract was the property of Mrs. Maple after the…
2Cases cited3 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
3Cited by10 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Jacoby v. McMahonSupreme Court of Pennsylvania · 1896
- Bury v. BuryMontana Supreme Court · 1924
- Eisenbrown v. BurnsSuperior Court of Pennsylvania · 1906
- Hanley v. RichardsWest Virginia Supreme Court · 1935
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