Harden v. Hays
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Abraham Hays, jun., the plaintiff in this ejectment, claimed title to the premises in question as devisee of John Hays, under an alleged will dated September 24, 1844, which had never been proved before the Register. J. and T. Harden, defendants, were two of the heirs of John Hays. And Jacob Hays, and his tenant, defendants, set up a contract of sale and a conveyance from John Hays.
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In error from the District Court of Allegheny. Abraham Hays, jun., the plaintiff in this ejectment, claimed title to the premises in question as devisee of John Hays, under an alleged will dated September 24, 1844, which had never been proved before the Register. J. and T. Harden, defendants, were two of the heirs of John Hays. And Jacob Hays, and his tenant, defendants, set up a contract of sale and a conveyance from John Hays. The title to John Hay¿ was derived under the will of his father in 1808, which declared, “ as touching all such worldly estates wherewith it hath pleased God to bless…
1Opinion of the CourtRogers, J.
The plaintiffs in error, who were defendants below, have filed no less than twenty-four errors to the admission or rejection of evidence and the charge; all of which, it is believed, may be profitably reduced to some three or four prominent points, which it is my duty to notice.
The first point, which strikes at the root of the plaintiff’s claim, if decided in favour of the defendants, would render an examination of the other errors entirely useless. It is, that under the will of Abraham Hays, sen., John Hays is entitled to an estate for life, and not in fee. The testator, after devising…
2Cases cited2 opinions
- Bank of Northern Liberties v. DavisSupreme Court of Pennsylvania · 1843
- Bender v. DietrickSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
- Girsh TrustSupreme Court of Pennsylvania · 1963
- Aggas v. MunnellSupreme Court of Pennsylvania · 1930
- Lanning WillSupreme Court of Pennsylvania · 1964
- Hess v. Vinton Colliery Co.Supreme Court of Pennsylvania · 1916
- Crago v. StateWyoming Supreme Court · 1922
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