Baker v. Chalfant
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Chester County. In the Court below an action of ejectment was brought by Jacob Chalfant and Mary Bucher against Rachel Baker and Sarah Fredd, to recover three several tracts of land, situate in the' township of East Marlborough, ■ in the county of Chester; “ the first whereof Contains ninety acres, or thereabouts, with the appurtenances, and is bounded by land of Thomas Webb, Job Hayes, and others: the second whereof contains one…
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IN ERROR. Error to the Common Pleas of Chester County. In the Court below an action of ejectment was brought by Jacob Chalfant and Mary Bucher against Rachel Baker and Sarah Fredd, to recover three several tracts of land, situate in the' township of East Marlborough, ■ in the county of Chester; “ the first whereof Contains ninety acres, or thereabouts, with the appurtenances, and is bounded by land of Thomas Webb, Job Hayes, and others: the second whereof contains one hundred and ten acres, or thereabouts, with the'appurtenances, and is bounded by land of John Reed, John. Malin and others:…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The words of the proviso no more exclude the half blood from the succession to an ancestral estate, than they exclude it from the succession to a purchased one; and indeed any exclusion .of a brother or sister, would be so unnatural and impolitic, that we ought not to suppose it to have been intended, by any thing less than express enactment or irresistible implication. What is there to raise an implication here? The proviso follows close upon a section in w’hich provision is made for the half blood in broad and .general terms; and had it…
2Cases cited1 opinion
- Gardner v. CollinsSupreme Court of the United States · 1829
3Cited by11 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Rowley v. StrayMichigan Supreme Court · 1875
- Wheeler v. . ClutterbuckNew York Court of Appeals · 1873
- Robertson v. BurrellIndiana Supreme Court · 1872
- Maffit v. ClarkSupreme Court of Pennsylvania · 1843
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