Holliday v. Ward
Supreme Court of Pennsylvania
Error to the Common Pleas of JErie county. This was an action of ejectment by Samuel H. Ward and others v. Samuel Holliday and William Holliday, to recover a tract of land containing nearly one hundred acres, in Erie county. The land in dispute had belonged to Samuel Holliday, Sen., and he was seised of the same at his death.
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Error to the Common Pleas of JErie county. This was an action of ejectment by Samuel H. Ward and others v. Samuel Holliday and William Holliday, to recover a tract of land containing nearly one hundred acres, in Erie county. The land in dispute had belonged to Samuel Holliday, Sen., and he was seised of the same at his death. The plaintiffs were children of Elizabeth Ward, deceased, who was a daughter of Samuel Holliday, Sen., deceased, and the defendants were children of the said Samuel Holliday. The plaintiffs in the suit claimed the land in dispute in right of their mother, claiming that…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The title of the defendants below to the land in dispute, or a part of it, depended on a will which had been proved before the register. No evidence was offered on the other side to show that the will was not properly executed, or that the testator was incapable of making one. But the Court charged that, inasmuch as one of the witnesses who had been sworn before the register was a devisee, and therefore interested, the will was destitute of the necessary evidence of authenticity, and not sufficient to pass title. A written renunciation of…
2Cases cited5 opinions
- Phillips v. GreggSupreme Court of Pennsylvania · 1840
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Earnest v. EarnestSupreme Court of Pennsylvania · 1835
- Craven v. BleakneySupreme Court of Pennsylvania · 1839
- Coates v. HughesSupreme Court of Pennsylvania · 1811
3Cited by15 opinions
- Sebik's EstateSupreme Court of Pennsylvania · 1930
- Hickman's EstateSupreme Court of Pennsylvania · 1932
- Wall v. WallSupreme Court of Pennsylvania · 1889
- Long's EstateSupreme Court of Pennsylvania · 1916
- Mangold v. NeumanSupreme Court of Pennsylvania · 1952
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