Stoolfoos v. Jenkins
Supreme Court of Pennsylvania
In Error. THE opinion of the Court below, filed at the request of the plaintiffs in error, was returned with the record of this cause, on a writ of error to the Common Pleas of Lancaster county, in which the action was an ejectment for 303 acres of land in. Leacock township, which the. defendants in error, the plaintiffs below, -claimed under the following circumstances : Patrick Carrigan died seised of the land in dispute, intestate, leaving three children: viz.
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In Error. THE opinion of the Court below, filed at the request of the plaintiffs in error, was returned with the record of this cause, on a writ of error to the Common Pleas of Lancaster county, in which the action was an ejectment for 303 acres of land in. Leacock township, which the. defendants in error, the plaintiffs below, -claimed under the following circumstances : Patrick Carrigan died seised of the land in dispute, intestate, leaving three children: viz. Catherine,. Jane, and Patrick. Catherine intermarried with James Hamilton. Jane intermarried with Jonathan Coates, by whom she had…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan. J.
When so great a change was made in the *173course of descent, as was effected by the Act of 1705, and so novel a course of proceeding introduced by a tribunal unknown to the common law, it could scarcely be expected Trom human wisdom, to foresee and provide for all the consequences of this transition of real into personal estate. Each da> brings up new cases, unfolds new difficulties, discovers new defects; to remedy which, the Legislature are alone equal. For with all the laws, and supplements, made on this most important subject, the system…
2Cases cited1 opinion
- Blocher v. CarmonySupreme Court of Pennsylvania · 1815
3Cited by5 opinions
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- Watkins v. ThorntonOhio Supreme Court · 1860