Hamilton v. Hamilton
Supreme Court of Pennsylvania
In error from the Common Pleas of Mercer county. Oct. 6. Nancy Hamilton, defendant in error, brought ejectment in December Term, 1844, for certain lands, of which her father, Hugh Hamilton, died seised, leaving issue four sons, of whom the defendant below was one, and four daughters, one of whom was the plaintiff.
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In error from the Common Pleas of Mercer county. Oct. 6. Nancy Hamilton, defendant in error, brought ejectment in December Term, 1844, for certain lands, of which her father, Hugh Hamilton, died seised, leaving issue four sons, of whom the defendant below was one, and four daughters, one of whom was the plaintiff. On the trial, she further proved, that until a year before suit was brought, she and the widow of her father resided on the premises; and gave in evidence deeds for the interest of five of the heirs of Hugh Hamilton, deceased. The defendant’s title offered in evidence was, an award…
1Opinion of the Court
Coulter, J.,
(after stating the case and the oifer of evidence.)—The evidence ought to have been admitted by the court.
Although there was no judgment on the award, and the proceedings subsequently had, including the vend. ex. and the sheriff’s deed, did not, therefore, of themselves, divest the title of the heirs of Hugh Hamilton, deceased, and transfer it to William Hamilton; yet, those of them, including the plaintiff below, who participated in the arrangement by -which it was agreed that the surplus, after paying the amount of the execution in favour of Hugh Hamilton, should be devoted to…
2Cases cited2 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Folk v. BeidelmanSupreme Court of Pennsylvania · 1837
3Cited by1 opinion
- Lewis v. BakerSupreme Court of Pennsylvania · 1894