Coursey v. Davis
Supreme Court of Pennsylvania
Error to the Common Pleas of Franklin county. This was a scire facias by William Davis and Mildred Ann Davis, for the use of the said Mildred Ann Davis, against William R. Coursey, with notice to terre-tenants, to revive and continue the lien of a judgment for $800, in the Common Pleas of that county.
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Error to the Common Pleas of Franklin county. This was a scire facias by William Davis and Mildred Ann Davis, for the use of the said Mildred Ann Davis, against William R. Coursey, with notice to terre-tenants, to revive and continue the lien of a judgment for $800, in the Common Pleas of that county. The parties, by their counsel, agreed to the following facts in the nature of a special verdict, upon which they prayed the court to enter judgment if plaintiffs were entitled to recover their judgment, to be entered for $512.10, interest from 9th December, a. d. 1862. Otherwise, judgment for…
1Opinion of the Court
The opinion of the court was delivered, July 1st 1863, by
Read, J.
The rule in Wild’s Case, by which where lands áre devised to a person and his children, and he has no child at the time of the devise, the parent takes an estate tail, has no application to the present case, in which there was a child or children of the mother living, at the time of the execution of the deed. The word children is not therefore a word of limitation, but of purchase, and the question is, what is the estate taken by the mother and children respectively.
The deed was executed on the 23d of October 1843, and was a…
2Cited by10 opinions
- Calder's EstateSupreme Court of Pennsylvania · 1941
- Crawford v. Forest Oil Co.Supreme Court of Pennsylvania · 1904
- Hague v. HagueSupreme Court of Pennsylvania · 1894
- Chambers v. Union Trust Co.Supreme Court of Pennsylvania · 1912
- Hubbird v. GoinCourt of Appeals for the Eighth Circuit · 1905
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