Wallace v. Duffield
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas oFFranklin county, in an ejectment brought by William Duffield and Rebecca his wife against Joseph and Margaret Wallace. The errors assigned in this case were in the charge of the Court of Common Pleas, which was filed and placed on the record at the request of the defendant below; agreeably to the provision of the act of assembly.
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In Error. ERROR to the Common Pleas oFFranklin county, in an ejectment brought by William Duffield and Rebecca his wife against Joseph and Margaret Wallace. The errors assigned in this case were in the charge of the Court of Common Pleas, which was filed and placed on the record at the request of the defendant below; agreeably to the provision of the act of assembly. The .¿harge of the Court was as follows : “ The plaintiffs claim in this case from two distinct sources, “both in right of Rebecca, wife of William Duffield. The “ first, as the sister of William Wallace who died intestate, un- “…
1Opinion of the Court
TilGhman C. J.
No facts appear.but such as are mentioned in the charge of the Court; so that the only question is, whether there be error in law'in the opinion delivered on those facts. Josiah Wallace deceased, by his will, dated 26th April, 1776, appointed his wife Ann, and his son William? his executors, and authorised .them to sell the plantation on which’he lived, in Chester county. If they chose to live on it, and keep the family together, they were permitted to do so ; but, in case the. land should be sold, they were to give security to the testamentary guardian of the testator’s other…
2Cases cited1 opinion
- Lessee of German v. GabbaldSupreme Court of Pennsylvania · 1811
3Cited by11 opinions
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
- Peebles v. ReadingSupreme Court of Pennsylvania · 1822
- Comegys v. CarleySupreme Court of Pennsylvania · 1834
- Swartz v. SwartzSupreme Court of Pennsylvania · 1846
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