Bassett v. Hawk
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: of October Term, 1886, No. 86. Ejectment by A. E. Barrett against Simon Hawk for a lot of land in South Buffalo township, Armstrong county, containing twenty-four acres, more or less. Plea not guilty. The plaintiff claimed that Colum McGinley died, seized of this- land, and that he derived title under his will, which was duly probated.
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Error to the Court of Common Pleas of Armstrong county: of October Term, 1886, No. 86. Ejectment by A. E. Barrett against Simon Hawk for a lot of land in South Buffalo township, Armstrong county, containing twenty-four acres, more or less. Plea not guilty. The plaintiff claimed that Colum McGinley died, seized of this- land, and that he derived title under his will, which was duly probated. The defendant claimed title through a power of attorney from Colum McGinley to Mary McGinley his wife, authorizing herfor me and in my name, place and stead to grant ” etc.; “ all that tract of land…
1Opinion of the CourtJustice Gordon
Colum McGinley undoubtedly died seized of the land in dispute. In'him the fee was vested as early as 1811, and so far as we can see it never passed out of him until his death. His power of attorney of April 9th, 1820, to his wife, Mary, was valid; and that she might in his place and stead have executed it no one denies. But the serious difficulty in the defendant’s case is that she never did execute it. It is urged, and so the court before held, that her deed to Frances McBride, of the 11th of April, 1821, was an execution of that power. We do not so regard, it; for there is nothing in .the…
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