Auman v. Auman
Supreme Court of Pennsylvania
Error to the Common Pleas of Berlcs county. This was an amicable action of ejectment by George Auman and Others v. Elizabeth Auman, for a house and piece of land, containing above nine acres. Matthias Eaftzinger was, in 1813, the owner of the premises.
Read the full summary
Error to the Common Pleas of Berlcs county. This was an amicable action of ejectment by George Auman and Others v. Elizabeth Auman, for a house and piece of land, containing above nine acres. Matthias Eaftzinger was, in 1813, the owner of the premises. His indenture, made the 25th March, 1813, in consideration of five shillings, witnessed that he “ doth demise, lease, and to farm let unto Peter Auman and unto his wife Magdalena,” daughter of the said Matthias, the premises in question, &c., to have and to hold the said demised premises, with appurtenances, unto the said Peter Auman and…
1Opinion of the Court
The opinion of the Court was delivered, by
Black, C. J.
— The sole question in this cause is, whether the deed of Mathias Haftzinger to Peter Auman and wife, conveyed merely a life estate, or whether they took a joint estate in fee simple. If it be within the rule in Shelly’s Case, the judgment of the Common Pleas was right.
It demises, &c., the land to them during their joint lives, or the life of the survivor, without impeachment of waste, and reserves the yearly rent of one peppercorn.
This undoubtedly gives a freehold to Auman and his wife. The reservation of a rent cannot diminish the…
2Cases cited1 opinion
- Lessee of Baughman v. BaugmanSupreme Court of Pennsylvania · 1798
3Cited by8 opinions
- Hess v. JonesSupreme Court of Pennsylvania · 1939
- Riggs v. New CastleSupreme Court of Pennsylvania · 1911
- Brolasky's EstateSupreme Court of Pennsylvania · 1930
- Roberson v. . GriffinSupreme Court of North Carolina · 1923
- Roe v. DavisSupreme Court of Pennsylvania · 1794
3 more not listed; retrieve them via the Exa API.