Davis v. Davis
Supreme Court of Pennsylvania
Error to the Common Pleas of Lawrence eounty. This was an action of ejectment, by John Davis and Archibald Davis against Robert Davis and William Sterling, for the undivided two-sixths of fifty-eight acres of land in Neshannock township, part of donation tract No. 88. The plaintiffs claimed as heirs at law of Catharine Davis, widow of Archibald Davis.
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Error to the Common Pleas of Lawrence eounty. This was an action of ejectment, by John Davis and Archibald Davis against Robert Davis and William Sterling, for the undivided two-sixths of fifty-eight acres of land in Neshannock township, part of donation tract No. 88. The plaintiffs claimed as heirs at law of Catharine Davis, widow of Archibald Davis. The material facts of the ease were as follows:— On the 27th of February 1787, donation tract No. 88, in the second district, containing three hundred acres, was allotted to Dr. Alexander Stewart, for his services to the state in the war of the…
1Opinion of the Court
The opinion of the court was delivered, January 4th 1864, by
Strong, J.
There can be no doubt that at the time of the death of Archibald Davis, Sr., Mrs. Catharine Davis, his widow, was the owner of the tract of land now in controversy. It had been conveyed to Archibald Davis, Jr., in satisfaction of a legacy bequeathed to Mrs. Catharine Davis by the will of her brother, Dr. Stewart. That grantee, of course, took the land in trust for her. The conveyance to him was not a reduction of the legacy into possession by her husband, nor was it made in pursuance of any purpose to exercise dominion over…
2Cases cited1 opinion
- Hannah v. SwarnerSupreme Court of Pennsylvania · 1842
3Cited by3 opinions
- Shelley's EstateSupreme Court of Pennsylvania · 1926
- Foster v. FosterSupreme Court of Virginia · 1930
- Samples v. SamplesCourt of Appeals of Tennessee · 1928