Baldridge v. McFarland
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of ejectment for eighty-one acres of land, in which David Baldridge and wife were plaintiffs, and John McFarland defendant.
Read the full summary
Error to the Common Pleas of Westmoreland county. This was an action of ejectment for eighty-one acres of land, in which David Baldridge and wife were plaintiffs, and John McFarland defendant. The parties agreed upon the following as the facts of the case:— In this case it is agreed that the land in controversy belonged to Gen. Arthur St. Clair, in fee, prior to 16th August, 1795. That by deed of that date he conveyed the same to Jane Jarvis, his daughter, and to the heirs of her body begotten, or that may be lawfully begotten, as tenants in common, and to the heirs of her children, as…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
This is a gift to Mrs. Jarvis in tail, or else it is a life estate in her with remainder to her children. The grant is to her and the heirs of her body begotten, or to be begotten, as tenants in common, and to their heirs, and as we cannot know who her heirs would be until her death, the remainder, if it is one, would seem to be necessarily contingent: 2 Cruise Dig. 328; 1 Inst. 298, a. If the principle of Findlay v. Riddle, 3 Binn. 139, 2 Rawle 168, rules this case, then it is such a life estate and remainder, and then it follows that the…
2Cases cited3 opinions
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
- Stump v. FindlaySupreme Court of Pennsylvania · 1828
- Dow v. WarrenMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- McCullough v. SeitzSuperior Court of Pennsylvania · 1905