Legal Opinion

Donovan v. Driscoll

Supreme Court of Pennsylvania

Decided March 10, 1880PublishedCited by 2 opinions

Error to the Court of Common Pleas of Bradford county: Of JulyTerm 1879. No. 53. Ejectment by Daniel H. Driscoll and Mary his wife, in right of the wife against Ellen Donovan and James Kane, for the undivided ninth part of a certain tract of land. At the trial it appeared, that in 1846 Daniel Donovan purchased by articles of agreement, a tract of land from Horace Williston, for $300, of which amount he paid $200, and went into possession.

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Error to the Court of Common Pleas of Bradford county: Of JulyTerm 1879. No. 53. Ejectment by Daniel H. Driscoll and Mary his wife, in right of the wife against Ellen Donovan and James Kane, for the undivided ninth part of a certain tract of land. At the trial it appeared, that in 1846 Daniel Donovan purchased by articles of agreement, a tract of land from Horace Williston, for $300, of which amount he paid $200, and went into possession. Donovan died intestate, in 1851, leaving a widow and nine minor children. One of these children was Mary Driscoll, in whose behalf this suit was brought,…

1Opinion of the CourtJustice Trunkey

Daniel Donovan, at the time of his death, was possessed of the land in dispute, holding under an article of agreement on which he had paid part of the purchase-money. He left a widow and nine children, the oldest under nineteen years and the youngest not born. The widow, with her unmarried children, remained on the land, five of them died between the years 1868 and 1872, and, when death and marriages had taken her children away, about five years ago she left and went to live with one of her daughters. By unremitting toil and prudence, she kept her large family of little ones together in their…

2Cases cited2 opinions

  1. Hall v. MathiasSupreme Court of Pennsylvania · 1842
  2. Iddings v. CairnsSupreme Court of Pennsylvania · 1853

3Cited by2 opinions

  1. Hover v. HillsSupreme Court of Pennsylvania · 1922
  2. Foley v. Smay, Pennsylvania Court of Common Pleas, Westmoreland County1942

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