Henry v. McClellan
Pennsylvania Court of Common Pleas, Beaver County
No. 139 October Term 1891, Sup Ct.; court below, No. 49 March Term 1889, C. P. On December 29, 1888, a summons in ejectment was served at the suit of Thomas M. Henry against Frank McClellan and Jane McClellan, to recover a tract of seventy-two acres in Pulaski township. Issue.
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No. 139 October Term 1891, Sup Ct.; court below, No. 49 March Term 1889, C. P. On December 29, 1888, a summons in ejectment was served at the suit of Thomas M. Henry against Frank McClellan and Jane McClellan, to recover a tract of seventy-two acres in Pulaski township. Issue. At the trial, on January 14, 1890, the plaintiff gave in evidence the will of William McClellan, deceased, dated September 28, 1866, devising the land in dispute to defendant Prank McClellan “ to have and to hold the said piece of land, so situated and described, during the lifetime of my son Francis and the lifetime of…
1Opinion of the Court
Opinion,
Me. Justice Stereett :
In refusing to set aside the judgment of nonsuit, the court below held that the sale on the fieri facias was illegal and void as to the defendants, and that neither of them had done or omitted to do anything that would estop them from interposing the invalidity of the sale as a defence to this action of ejectment. For reasons which appear in his opinion, the learned judge was clearly right in thus disposing of the controlling questions in the case.
As the basis of his title, the plaintiff gave in evidence the *40will of William McClellan, through, whom both parties…
2Cases cited1 opinion
- Hollister v. DavisSupreme Court of Pennsylvania · 1867
3Cited by3 opinions
- Lamorere v. AverySupreme Court of Louisiana · 1880
- McClellan's EstateSupreme Court of Pennsylvania · 1893
- Henry v. Pittsburgh Clay Manuf'g Co.Court of Appeals for the Third Circuit · 1897