Legal Opinion

Hetzel v. Lincoln

Supreme Court of Pennsylvania

Decided June 27, 1906No. Appeal, No. 362PublishedCited by 18 opinions

Appeal, No. 362, Jan. T., 1905, by plaintiff, from judgment of C. P. Union Co., Jan. T., 1903, No. 45, on verdict for defendant in case of Hiram H. Hetzel, Administrator of the Estate of Mary A. Hetzel, deceased, v. John W. Lincoln, Administrator of the Estate of Richard Y. B. Lincoln, deceased, with notice to Anna M. Lincoln, Terretenant. Scire facias to revive a judgment. Before McClure, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 362, Jan. T., 1905, by plaintiff, from judgment of C. P. Union Co., Jan. T., 1903, No. 45, on verdict for defendant in case of Hiram H. Hetzel, Administrator of the Estate of Mary A. Hetzel, deceased, v. John W. Lincoln, Administrator of the Estate of Richard Y. B. Lincoln, deceased, with notice to Anna M. Lincoln, Terretenant. Scire facias to revive a judgment. Before McClure, P. J. The facts are stated in the opinion of the Supreme Court. Plaintiff presented the following points : 1. That the evidence raises the fair presumption that it was the intent of Richard V. B. Lincoln…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

The land against which the appellant insists the judgment of his decedent is alien was conveyed to Richard Y. B. Lincoln and Anna M. Lincoln “ jointly,” by deed from Robert Reed, dated March 31,1874. At that time the grantees were husband and wife. On February 22, 1893, Mary A. Hetzel obtained a judgment against the husband for $2,000. On June 25, 1894, the husband conveyed all of his interest in the land to his wife, the appellee, calling it “ the undivided one-half.” Within five years from the entry of the Hetzel judgment a writ of scire facias was issued to…

2Cases cited1 opinion

  1. Stuckey v. Keefe's ExecutorsSupreme Court of Pennsylvania · 1856

3Cited by18 opinions

  1. Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
  2. C. I. T. Corporation v. FlintSupreme Court of Pennsylvania · 1939
  3. Sterrett v. SterrettSupreme Court of Pennsylvania · 1960
  4. Wakefield v. WakefieldSuperior Court of Pennsylvania · 1942
  5. Porobenski v. American Alliance InsuranceSupreme Court of Pennsylvania · 1934

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