Clepper v. Livergood
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. Michael Clepper against Jacob Livergood. Case stated as if found by special verdict. In 1814, Rudolph Herr died intestate, seised of a farm in York county, and leaving a widow and five children, viz., John, Joshua, Susan, Martha and Ann, in possession of the premises. In 1824, Susan married the plaintiff in this suit, and in 1829 died, leaving her husband and three children, viz , Ann, Louisa and Rudolph H. Clepper.
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ERROR to the common pleas of York county. Michael Clepper against Jacob Livergood. Case stated as if found by special verdict. In 1814, Rudolph Herr died intestate, seised of a farm in York county, and leaving a widow and five children, viz., John, Joshua, Susan, Martha and Ann, in possession of the premises. In 1824, Susan married the plaintiff in this suit, and in 1829 died, leaving her husband and three children, viz , Ann, Louisa and Rudolph H. Clepper. On the 6th of April 1830, an inquest in partition was awarded by the orphans’ court, and the heirs refusing, on return thereof, to accept…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
It is conceded, that the judgment is correct so far as respects the right to the possession of the fund, amounting to 1170 dollars 65 cents, upon the security tendered, or that the plaintiff is entitled to an absolute judgment for 342 dollars and 77 cents, the amount of interest. But it is contended that the court should have rendered judgment for 576 dollars 90 cents, the amount of interest which accrued upon the one-half of the one-third of the principal, as stated in the special verdict. On the death of Ann (which was *115before the…
2Cases cited1 opinion
- Grider v. M'ClaySupreme Court of Pennsylvania · 1824
3Cited by1 opinion
- Kinney v. GlasgowSupreme Court of Pennsylvania · 1866