Smith v. Bonsall
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware County. This was an ejectment for an undivided third part of a tract of land in Delaware county. The plaintiff claimed as one of the heirs of Eliza Ann Smith, who died, seized of the premises in question, without issue, leaving as heirs at law, the plaintiff and two sisters, Margaret, intermarried with Job H. Terrill, and Kitty E. Smith.
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Error to the Common Pleas of Delaware County. This was an ejectment for an undivided third part of a tract of land in Delaware county. The plaintiff claimed as one of the heirs of Eliza Ann Smith, who died, seized of the premises in question, without issue, leaving as heirs at law, the plaintiff and two sisters, Margaret, intermarried with Job H. Terrill, and Kitty E. Smith. The defendants proved by the subscribing witnesses, a paper purporting to be a will of the said Eliza Ann Smith; by which she devised and bequeathed all her estate real and personal, to the said Margaret Terrill and Kitty…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
In this case three errors have been assigned; there is however but one question, and to this they all have relation This action, which is an ejectment, was brought by the plaintiff in error, in the court below, to recover land claimed by him as one of the heirs at law of Eliza Ann Smith deceased. On the trial of the cause, it was admitted that he was one of three, who were all the heirs that the deceased left at the time of her death. The defendants claimed the possession of the land under an instrument of writing, purporting to be the last…
2Cases cited2 opinions
- Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833
- Fenn v. ReadSupreme Court of Pennsylvania · 1791
3Cited by24 opinions
- Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 1989
- Johns v. HodgesCourt of Appeals of Maryland · 1884
- Holliday v. WardSupreme Court of Pennsylvania · 1852
- Asay v. HooverSupreme Court of Pennsylvania · 1846
- Belton v. SummerSupreme Court of Florida · 1893
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