M'Kelvey v. Truby
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Armstrong county. Rebecca M’Kelvey and James M’Kelvey against John Truby and others. This was an action of ejectment for 56 acres of land. The plaintiffs gave in evidence a warrant and survey and patent to James Glentworth for a tract of land containing 415 acres, and exhibited a regular chain of title vesting the same in Rebecca M’Kelvey and David M’Kelvey as tenants in common.
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ERROR to the Common Pleas of Armstrong county. Rebecca M’Kelvey and James M’Kelvey against John Truby and others. This was an action of ejectment for 56 acres of land. The plaintiffs gave in evidence a warrant and survey and patent to James Glentworth for a tract of land containing 415 acres, and exhibited a regular chain of title vesting the same in Rebecca M’Kelvey and David M’Kelvey as tenants in common. They intermarried, by which the whole estate became vested in the husband and wife. David M’Kelvey died, and his undivided half descended to James M’Kelvey the plaintiff. It was conceded…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
— The plaintiffs here were plaintiffs below, and showed a warrant, survey and patent to James Glentworth, and a regular chain of title to Rebecca M’Kelvey for one undivided half of the tract, and to David M’Kelvey for the other half. These two intermarried and thus owned the whole. About twenty-five years before this suit, David M’Kelvey came with his wife and settled on this tract, and soon after brought a surveyor to run round it, and show him his lines. The surveyor found the line adjoining the disputed ground, but as he had a draft with a…
2Cases cited3 opinions
- Carr v. WallaceSupreme Court of Pennsylvania · 1838
- M'Cormick v. M'MurtrieSupreme Court of Pennsylvania · 1835
- Epley v. WitherowSupreme Court of Pennsylvania · 1838
3Cited by8 opinions
- Leininger v. GoodmanSupreme Court of Pennsylvania · 1923
- Guest v. GuestTexas Supreme Court · 1889
- Miller's AppealSupreme Court of Pennsylvania · 1877
- Wells v. PierceSuperior Court of New Hampshire · 1853
- Willis v. SwartzSupreme Court of Pennsylvania · 1857
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