Hoover v. Potter
Superior Court of Pennsylvania
Appeal, No. 214, Oct. T., 1909, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1909, No. 241, for plaintiff on case stated in suit of James B. Hoover, Executor of the Last Will and Testament of Annie E. Beecher, deceased, v. Jeremiah Potter. Case stated to determine marketable title to real estate.
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Appeal, No. 214, Oct. T., 1909, by defendant, from judgment of C. P. Franklin Co., Sept. T., 1909, No. 241, for plaintiff on case stated in suit of James B. Hoover, Executor of the Last Will and Testament of Annie E. Beecher, deceased, v. Jeremiah Potter. Case stated to determine marketable title to real estate. Before Gillan, P. J. From the record it appeared that on March 30, 1907, the land in controversy was conveyed by deed to John H. Beecher and Annie E. Beecher, his wife, “as tenants in common.” Annie E. Beecher survived her husband, John H. Beecher, and by her will directed that the…
1Opinion of the Court
Opinion by
Henderson, J.,
It is an established doctrine of the common law that a devise or grant of real estate to a husband and wife gives a title by entireties and not as joint tenants or tenants in common. Lord Kenyon said in Doe v. Parratt, 5 T. R. 652, “ It has been settled for ages that where a devise is to the husband and wife they take by entireties and not by moieties.” Each has the entire use of the whole. Neither can convey so as to sever the tenancy, as the whole of the estate belongs to each. This is also the rule in Pennsylvania as shown in Stuckey v. Keefe’s Executors, 26 Pa.…
2Cases cited8 opinions
- Bramberry's EstateSupreme Court of Pennsylvania · 1893
- Stuckey v. Keefe's ExecutorsSupreme Court of Pennsylvania · 1856
- McCurdy & Stevenson v. CanningSupreme Court of Pennsylvania · 1870
- Estate of ParrySupreme Court of Pennsylvania · 1898
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wakefield v. WakefieldSuperior Court of Pennsylvania · 1942
- In Re BarsottiUnited States Bankruptcy Court, W.D. Pennsylvania · 1980
- McCollum v. Braddock Trust Co.Supreme Court of Pennsylvania · 1938
- Rhodes's EstateSupreme Court of Pennsylvania · 1911
- Colburn v. ColburnCourt of Appeals of Maryland · 1971
4 more not listed; retrieve them via the Exa API.