Wilson v. McKeehan
Supreme Court of Pennsylvania
This was a writ of error by tbe plaintiff below to the judgment of the Court of Common Pleas of Cumberland county, which was reviewed in the preceding case (McKeehan v. Wilson), and was taken out after the former decision of the Supreme Court, under the Act of March 22d 1850, § 2, Purd. 410, pi. 5. See also Ormsby v. Ihmsen, 10 Casey 462. The plaintiffs claimed to recover mesne profits from one moiety of the land prior to the widow’s death, and assigned for error that “ The…
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This was a writ of error by tbe plaintiff below to the judgment of the Court of Common Pleas of Cumberland county, which was reviewed in the preceding case (McKeehan v. Wilson), and was taken out after the former decision of the Supreme Court, under the Act of March 22d 1850, § 2, Purd. 410, pi. 5. See also Ormsby v. Ihmsen, 10 Casey 462. The plaintiffs claimed to recover mesne profits from one moiety of the land prior to the widow’s death, and assigned for error that “ The court erred in their judgment that ‘ the plaintiffs cannot recover any part of the mesne profits accruing after the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The testator, William Davidson, deceased, in order to make a suitable provision for his widow, carved out in very express terms in her favor, a life estate in his farm with contingent remainders in fee. The contingency referred to happening during her life gave her a fee in an undivided moiety of the land, and we are asked to hold that this result cut out her life estate in the other moiety. We do not see any controlling reason for this as incident to the happening of the contingency referred to, and certainly the reason is not to be found…
2Cited by5 opinions
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