Legal Opinion

Kenyon v. Stewart

Supreme Court of Pennsylvania

Decided February 2, 1863PublishedCited by 18 opinions

Certificate from the Court at Nisi Prius. This was an action of ejectment brought by Emma M. Kenyon against Mary Stewart, to recover possession of premises No. 209 North Tenth street, in the city of Philadelphia.

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Certificate from the Court at Nisi Prius. This was an action of ejectment brought by Emma M. Kenyon against Mary Stewart, to recover possession of premises No. 209 North Tenth street, in the city of Philadelphia. Both parties claim title under the late Captain Henry Kenyon, who died some time between the 12th of August and the 17th of October, A. D. 1833. The defendant claimed as a purchaser at an Orphans’ Court sale, under a will dated August 7th 1833, and codicil dated August 12th 1833, alleged to have been made by Captain Kenyon at the times of their respective dates. On the 17th day of…

1Opinion of the Court

The opinion of the court was delivered, by

Woodward, J.

There are two questions on this record which, if decided against the plaintiff in error, will be decisive of the cause, and will relieve us of all necessity to notice the numerous points suggested in thirteen assignments of error.

The first of these questions is whether the-learned judge erred in admitting in evidence on the part of the defendant an exemplification of the Kenyon will. The will was dated the 7th or 12th August 1833, was proved October 17th 1833, and was duly recorded. The defendant claimed title to the premises in dispute…

2Cases cited1 opinion

  1. Jackson v. LamphireSupreme Court of the United States · 1830

3Cited by18 opinions

  1. Cali v. PhiladelphiaSupreme Court of Pennsylvania · 1962
  2. Anthony v. Koppers Co., Inc.Superior Court of Pennsylvania · 1980
  3. Resolution Trust Corp. v. FarmerDistrict Court, E.D. Pennsylvania · 1994
  4. DeJoseph v. Standard Steel Car Co.Superior Court of Pennsylvania · 1930
  5. Kennedy v. Holmes Const. Co. (Et Al.)Superior Court of Pennsylvania · 1941

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