Lessee of Workman v. Gillespie
Supreme Court of Pennsylvania
Ejectment for 300 acres of land in Springhill township. It was admitted, that Jonas Webb made a settlement on the lands in question in 1766 or 1767, and sold the same to George Gillespie, the brother of the lessors of the plaintiff. George Gillespie died in 1782 intestate, of full age, unmarried and without issue, leaving an only brother, John Gillespie, who is since dead, leaving the defendant, his son.
Read the full summary
Ejectment for 300 acres of land in Springhill township. It was admitted, that Jonas Webb made a settlement on the lands in question in 1766 or 1767, and sold the same to George Gillespie, the brother of the lessors of the plaintiff. George Gillespie died in 1782 intestate, of full age, unmarried and without issue, leaving an only brother, John Gillespie, who is since dead, leaving the defendant, his son. On the 14th March 1789, John Gillespie took out a warrant for 350 acres, including this improvement, on the north side of Cheat river, on which he afterwards obtained a survey. "George…
1Per curiam
If John Gillespie, fully apprised of his rights, agreed to let in his sisters to share in this land, they would be entitled to recover their proportions thereof, otherwise not. As the law stood at the time of the death of George Gillespie in 1782, intestate, his lands devolved on John, his only brother, as his heir at law. Settlement rights are subject to the rules of descent of real estate, as applicable to lands held *by *572] patent or warrant, and it has been determined in bank, that a wife was entitled to dower in lands, held by improvement right alone. We cannot presume an agreement on the…
2Cases cited1 opinion
- Marcy v. GardinierSupreme Court of Pennsylvania · 1838
3Cited by1 opinion
- Marcy v. GardinierSupreme Court of Pennsylvania · 1838