Legal Opinion

Duncan v. Duncan

Supreme Court of Pennsylvania

Decided May 15, 1833PublishedCited by 8 opinions

APPEAL from the circuit court of Dauphin county, held by Justice Rogers. This ,was an action of ejectment for an island at the junction of the Susquehanna and Juniata rivers, by Stephen Duncan against Rebecca Duncan.

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APPEAL from the circuit court of Dauphin county, held by Justice Rogers. This ,was an action of ejectment for an island at the junction of the Susquehanna and Juniata rivers, by Stephen Duncan against Rebecca Duncan. The plaintiff, in order to support his title, gave, in evidence the will of the honourable Thomas Duncan, containing this clause: “ my island, bought of John Reed, at the mouth of the Juniata, I desire to be appraised by three persons, to be selected, by my executors, and if my. son Stephen will accept the same at the valuation, then it is to be conveyed to him in fee simple, he…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This is an appeal from the decision of the circuit court, lately held at Harrisburgh, for Dauphin county. On the trial of the cause before his honour, Mr Justicé Rogers, the plaintiff offered to read in evidence an instrument of writing, purporting to be a con*325veyance from Martha Duncan, executrix, Edward J. Stiles and John D. Mahon, executors of the last will of the late Hon. Thomas Duncan, deceased, to Stephen Duncan, the plaintiff: which was objected to by .the counsel of the defendants, because the certificate of the acknowledgement of…

2Cases cited3 opinions

  1. Taylor v. GlaserSupreme Court of Pennsylvania · 1816
  2. Long v. RamsaySupreme Court of Pennsylvania · 1814
  3. Whitmire v. NapierSupreme Court of Pennsylvania · 1818

3Cited by8 opinions

  1. Rushin v. Shields & BallSupreme Court of Georgia · 1852
  2. United States Drainage & Irrigation Co. v. City of MedfordMassachusetts Supreme Judicial Court · 1917
  3. Lorah ex rel. Evans v. NissleySupreme Court of Pennsylvania · 1893
  4. Commonwealth v. GriffithMassachusetts Supreme Judicial Court · 1823
  5. Wenchell v. StevensSuperior Court of Pennsylvania · 1906

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