Johnson v. Matson
Supreme Court of Pennsylvania
IK ERROR.' This was an ejectment brought in the District Court of York county, by the defendant in error, to recover from James Johnson, one hundred and ninety-six acres of land. The facts were as fob lows: James Sinclair, the father of Mary Matson,, died in 1807, seized in fee of two tracts ofland, one of one hundred and ninety-three acres; the other the land in dispute.
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IK ERROR.' This was an ejectment brought in the District Court of York county, by the defendant in error, to recover from James Johnson, one hundred and ninety-six acres of land. The facts were as fob lows: James Sinclair, the father of Mary Matson,, died in 1807, seized in fee of two tracts ofland, one of one hundred and ninety-three acres; the other the land in dispute. He left seven children, (of whom the plaintiff is one,) and the children of a deceased child.In 1811, application was made to the Orphans’ Court to divide these two tracts, amongst the children of Sinclair, agreeably to the…
1Opinion of the Court
The opinion of the court was delivered by
Gibsos, C. J.
The principles of this case have been already settled on térms so explicit as to occasion surprise at finding them misapprehended in the court below. A wife can claim nothing against her husband or a purchaser of his- estate, but the undivided share ‘ which descended to her, and which remains specifically in land* after all the purposes of distribution have been answered. Here she was permitted to recover all the land that was accepted by her' husband at the valuation, because, at it was said, he had paid nothing for it, and was entitled…
2Cases cited1 opinion
- Kean v. RidgwaySupreme Court of Pennsylvania · 1827