Lessee of Eshelman v. Hoke
Supreme Court of Pennsylvania
Ejectment for one moiety of 213 acres of land in Paradise and Codorus tdfcwnships, tried before Shippen and Yeates justices, at York, on the 26th April 1798, wherein the jury found a special verdict as follows: That Mary Harshey was seized of the lands in question, and intermarried with David Eshelman, and died on the 1st May 1786 intestate ; leaving issue six children, viz. Martin her eldest son, aud Christian, Susannah, Elizabeth, Mary and Ann the lessors of the plaintiff.
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Ejectment for one moiety of 213 acres of land in Paradise and Codorus tdfcwnships, tried before Shippen and Yeates justices, at York, on the 26th April 1798, wherein the jury found a special verdict as follows: That Mary Harshey was seized of the lands in question, and intermarried with David Eshelman, and died on the 1st May 1786 intestate ; leaving issue six children, viz. Martin her eldest son, aud Christian, Susannah, Elizabeth, Mary and Ann the lessors of the plaintiff. “ That the said David Eshelman on the 1st April 1785, in the lifetime of his said wife, entered into articles of…
1Opinion of the Court
Curia advisare vult.
Shippen, C. J.,
now delivered the unanimous opinion of the court. We adhere to the doctrine which we laid down at Nisi Prius, that under the act of 1705, the real estate of a mother is subject to the same rules of distribution as that of a father dy*513ing intestate; and such has been the uniform construction of the act, which is warranted by 2 Vez. 213.
We have each of us made every inquiry in our power, respecting the extension of the English statute of 4 and 5 Anne, c. 16, as to warranties ; and not being able to discover a single instance wherein it has been extended, we are…
2Cited by7 opinions
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- Lyle v. RichardsSupreme Court of Pennsylvania · 1823
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