Carson v. Fuhs
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEES EBOM THE COUBT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 229 October Term 1889, Sup. Ct.; court below, No. 461 April Term 1887, O. P. No. 2. On April 2, 1887, a summons was served in an action of ejectment brought by Eliza Carson and others against Adam Eubs and others, to recover tbe undivided ten elevenths of three lots of ground in the city of Allegheny. Issue.
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APPEAL BY PLAINTIEES EBOM THE COUBT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 229 October Term 1889, Sup. Ct.; court below, No. 461 April Term 1887, O. P. No. 2. On April 2, 1887, a summons was served in an action of ejectment brought by Eliza Carson and others against Adam Eubs and others, to recover tbe undivided ten elevenths of three lots of ground in the city of Allegheny. Issue. At tbe trial on December 14, 1888, the following facts were shown: On July 20, 1858, Stewart Hamilton became invested with the title in fee-simple to tbe whole of the property in controversy. On January…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
Under any view we may take of this case, the plaintiffs cannot recover in this action. If they are right in their contention that the deed to James Hamilton created a valid separate use trust in favor of his mother, Isabella Hamilton, they are not entitled to the possession of the real estate in controversy, for the reason that the husband of Isabella Hamilton is still living, and entitled to his curtesy therein. Mrs. Hamilton having an equitable estate in fee, her husband would be entitled to his life-estate: Dubs v. Dubs, 31 Pa. 149; Rank v. Rank, 120 Pa.…
2Cases cited5 opinions
- Commonwealth v. ChathamsSupreme Court of Pennsylvania · 1865
- Little v. WilcoxSupreme Court of Pennsylvania · 1888
- Ogden's AppealSupreme Court of Pennsylvania · 1872
- Dubs v. DubsSupreme Court of Pennsylvania · 1858
- Rank v. RankSupreme Court of Pennsylvania · 1888
3Cited by15 opinions
- Lowitz EstateSupreme Court of Pennsylvania · 1948
- Bristor v. TaskerSupreme Court of Pennsylvania · 1890
- Sheridan v. CoughlinSupreme Court of Pennsylvania · 1945
- Dicarlo v. LiciniSuperior Court of Pennsylvania · 1944
- Breinig v. OldtSuperior Court of Pennsylvania · 1911
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