McMahan v. McMahan
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon county. This was an ejectment by Daniel McMahan against John Mc-Mahan, for the undivided half of 56 acres and 80 perches of land. January 1850 — Verdict for plaintiff.
Read the full summary
Error to the Common Pleas of Huntingdon county. This was an ejectment by Daniel McMahan against John Mc-Mahan, for the undivided half of 56 acres and 80 perches of land. January 1850 — Verdict for plaintiff. Benjamin McMahan, the father of the parties, died about one thousand eight hundred and twenty-nine, seized of a small tract of land, and leaving surviving him five children, John, Daniel, Benjamin, Sarah and Margaret; Daniel was absent in the west; the four children who were at home desired to have the small plantation divided. John, the plaintiff in error, defendant below, Thomas Bell,…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
The proof is plenary, and the jury has found, in accordance with it, that, in the year 1830, all the parties holding an interest in the real estate which was of Benjamin McMahan, the elder, (excepting his son Daniel) made a parol partition of it, by which the portion of each was set apart by metes and bounds, distinctly marked on the ground, save the purparts of John and Daniel, and these, at the instance, and in pursuance of the express request of John, were thrown together in common. This partition was followed by actual possession, each…
2Cases cited3 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Kronk v. KronkSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Butler v. ButlerSupreme Court of Pennsylvania · 1954
- Kyle v. HibbsSupreme Court of Pennsylvania · 1924
- Jordan v. JordanSuperior Court of Pennsylvania · 1928
- Van Kirk v. Curry, Pennsylvania Court of Common Pleas, Washington County1923