Legal Opinion

Hague v. Hague

Supreme Court of Pennsylvania

Decided May 21, 1894No. Appeal, No. 225PublishedCited by 21 opinions

Appeal, No. 225, Jan. T., 1894, by plaintiffs, Jeffries Hague and Sarah Jane, his wife, from decree of C. P. Fayette Co., No. 181 in equity, on bill in equity against Torrence L. Hague et al. Bill in equity .to quiet title.

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Appeal, No. 225, Jan. T., 1894, by plaintiffs, Jeffries Hague and Sarah Jane, his wife, from decree of C. P. Fayette Co., No. 181 in equity, on bill in equity against Torrence L. Hague et al. Bill in equity .to quiet title. The bill averred that Sarah Jane Hague is the daughter of James Shoaf, Sr., late of George township, Fayette county, Pennsylvania, deceased; that James Shoaf, Sr., by his last will and testament, dated June 14, 1881, which was duly proved and recorded, directed his executors therein named to deliver to Sarah Jane Hague “a deed of conveyance for thirty-three acres and one…

1Opinion of the Court

Opinion by

Mr. Justice Green,

Although the grantees in the deed are designated as “ Sarah Jane Hague and her children,” which .if the children were strangers would constitute them all tenants in common, it must be admitted that the weight of authority holds the mother to be only a tenant for life. Shirlock v. Shirlock, 5 Pa. 367, which held the mother and children to be tenants in common, has never been followed, and has been several times questioned and departed from in subsequent cases, and cannot now be regarded as authority.

In Coursey v. Davis, 46 Pa. 25, the subject was fully con*646sidered in…

2Cases cited5 opinions

  1. Haskins v. TateSupreme Court of Pennsylvania · 1855
  2. Coursey v. DavisSupreme Court of Pennsylvania · 1863
  3. Wolford v. MorgenthalSupreme Court of Pennsylvania · 1879
  4. Shirlock v. ShirlockSupreme Court of Pennsylvania · 1847
  5. Cramp's AppealSupreme Court of Pennsylvania · 1876

3Cited by21 opinions

  1. Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
  2. Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1904
  3. Chambers v. Union Trust Co.Supreme Court of Pennsylvania · 1912
  4. McCullough's EstateSupreme Court of Pennsylvania · 1922
  5. Elliott v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1911

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