Linn v. Alexander
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Franklin county: Of May Term 1868. This was an action of ejectment, brought October 19th 1867, by William T. Linn, Ephraim Keefer and Margaret his wife, Samuel Holliday, James Holliday and Margaret Alexander against Randal Alexander.
Read the full summary
Error to the Court of Common Pleas of Franklin county: Of May Term 1868. This was an action of ejectment, brought October 19th 1867, by William T. Linn, Ephraim Keefer and Margaret his wife, Samuel Holliday, James Holliday and Margaret Alexander against Randal Alexander. A case was stated for the opinion of the court embodying the following facts:— Samuel Coulter, Sr., died seised of the land in question, having made his will, proved May 9th 1794, leaving a widow Margaret, seven children, James, Eleanor, Elizabeth, Samuel, Matthew, Margaret and Margery and a grandson, Samuel Ardney. By his…
1Opinion of the Court
The opinion of the court was delivered, May 27th 1868, by
Strong, J.
If under the will of their father, Samuel Coulter, Jr., and Matthew Coulter took a fee tail in the land devised to them, confessedly the plaintiffs are not entitled to judgment upon the case stated. We think such was the estate given to them. The words of the will are these: “ I give and devise to my son Samuel Coulter, and my son Matthew Coulter, and the heirs of their bodies, all the plantation with all the appurtenances thereto, that I now live on.” Had the testator stopped here, no question could have been raised. The…
2Cited by4 opinions
- Scruggs v. MayberryTennessee Supreme Court · 1915
- Kinney v. Oahu Sugar Co.Court of Appeals for the Ninth Circuit · 1919
- Wilson v. HeilmanSupreme Court of Pennsylvania · 1908
- Sheeley v. NeidhammerSupreme Court of Pennsylvania · 1897