Cochran v. O'Hern
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. George Cochran, executor of John Speer, who survived James B. Cochran, against John O’Hern and the executors of Sarah O’Hern, with notice to the terre-tenants. Scire facias upon a mortgage, which conveyed two lots of ground; the defence was that the mortgagors had not such title as they could convey. One was derived by the following clause in the will of Edward Tyler.
Read the full summary
ERROR to the District Court of Allegheny county. George Cochran, executor of John Speer, who survived James B. Cochran, against John O’Hern and the executors of Sarah O’Hern, with notice to the terre-tenants. Scire facias upon a mortgage, which conveyed two lots of ground; the defence was that the mortgagors had not such title as they could convey. One was derived by the following clause in the will of Edward Tyler. “The 10 acre lot above mentioned I give, devise and bequeath to Sarah O’Hern the present wife of John O’Hern for her own and sole use for ever: Provided always, That if said John…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— The positions taken as to the construction of the will have not been impugned, nor could the attempt be made with the least prospect of success: we therefore assent to that part of the case, for the reason given by the learned judge of the District Court. The argument here is only as to the effect of the deed of the 6th of November 1821. The point is new in this State, and does not seem to have been taken in the court below, and brings up the question, whether a husband is tenant by the curtesy of real estate conveyed to a trustee for the…
2Cases cited1 opinion
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
3Cited by10 opinions
- Dodson v. BallSupreme Court of Pennsylvania · 1869
- Yarnall's AppealSupreme Court of Pennsylvania · 1872
- Shonk v. BrownSupreme Court of Pennsylvania · 1869
- Kantrowitz v. PratherIndiana Supreme Court · 1869
- Carrington v. RichardsonSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.