Legal Opinion

Diver v. Diver

Supreme Court of Pennsylvania

Decided November 4, 1867PublishedCited by 19 opinions

Error to the Court of Common Pleas of Armstrong county: No. 76, to October and November Term 1867. The action was ejectment, by Samuel Diver against Margaret Diver, commenced August 12th 1863, for 113 acres of land. The plaintiff was a brother of John Diver, deceased, as whose heir he claimed the land, alleging that the title was in John at the time of his death. The defendant is the widow of John.

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Error to the Court of Common Pleas of Armstrong county: No. 76, to October and November Term 1867. The action was ejectment, by Samuel Diver against Margaret Diver, commenced August 12th 1863, for 113 acres of land. The plaintiff was a brother of John Diver, deceased, as whose heir he claimed the land, alleging that the title was in John at the time of his death. The defendant is the widow of John. On the trial it appeared that Catharine Diver, the mother of John, was living; she was substituted as plaintiff in the place of Samuel. The land had belonged to Robert White and Alexander White.…

1Opinion of the Court

The opinion of the court was delivered, November 4th 1867, by

Strong, J.

It is conceded (unless the Act of April 11th 1848, commonly called “ The Married Woman’s Act,” has changed the rule) that under a deed to husband and wife, the grantees do not take by moieties, but .each becomes seised of the entirety, holding “per tout et no.n per my.” This is a necessary consequence of the legal doctrine that a husband and wife are one person. Hence, on the death of either, the whole estate remains in the survivor, nothing descending to the heirs of the decedent. Nor does the Act of March 31st 1812,…

2Cases cited1 opinion

  1. Robb v. BeaverSupreme Court of Pennsylvania · 1844

3Cited by19 opinions

  1. Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
  2. O'Malley v. O'MalleySupreme Court of Pennsylvania · 1922
  3. Gasner v. PierceSupreme Court of Pennsylvania · 1926
  4. Bramberry's EstateSupreme Court of Pennsylvania · 1893
  5. Alles v. LyonSupreme Court of Pennsylvania · 1907

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