M'Kee v. Straub
Supreme Court of Pennsylvania
THIS was an appeal from the decision of Bracken-ridge J. at a circuit court for Dauphin in October 1806. The plaintiffs, who were entitled to an estate for the life of one Oliver Ramsey in certain lands of which he was tenant by the curtesy, brought a writ of partition against Straub who was tenant of the freehold in common with them, and joined with him as defendants two others who were merely tenants for years or at will under Straub.
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THIS was an appeal from the decision of Bracken-ridge J. at a circuit court for Dauphin in October 1806. The plaintiffs, who were entitled to an estate for the life of one Oliver Ramsey in certain lands of which he was tenant by the curtesy, brought a writ of partition against Straub who was tenant of the freehold in common with them, and joined with him as defendants two others who were merely tenants for years or at will under Straub. Issue was joined on the plea of “ non tenent insimul,” and before trial, Straub, the only defendant having a freehold interest, died. The cause was…
1Opinion of the Court
On this day the judgment of the court was pronounced.
Tilghman C. J.
The word “tenet” in a writ always implies a tenant of the freehold. Co. Lift. 167. a. The defendants were therefore entitled to a verdict, because it was proved that they were not tenants of the freehold.
It has been urged that the plaintiffs are entitled to a judgment, because by the stat. 8 & 9 W. 3. c. 31. the suit shall not abate by the death of any tenant. But the statute is out of the question, as it was made since the settlement of Pennsylvania, and does not extend here. I am therefore of opinion that judgment cannot be…
2Cited by2 opinions
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- Bethel v. LloydSupreme Court of Pennsylvania · 1759