Hileman v. Bouslaugh
Supreme Court of Pennsylvania
Error to the Common Pleas of Blair county. Action of Ejectment — This was an action of Ejectment for about 216 acres of land, in the county of Blair, formerly Huntingdon, by Jacob R. Bouslaugh vs. Henry Hileman, and Michael Hileman and Sarah his wife. • A case was stated.
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Error to the Common Pleas of Blair county. Action of Ejectment — This was an action of Ejectment for about 216 acres of land, in the county of Blair, formerly Huntingdon, by Jacob R. Bouslaugh vs. Henry Hileman, and Michael Hileman and Sarah his wife. • A case was stated. The plaintiff was the eldest child of Esther Bouslaugh and Sebastian Bouslaugh, and he claimed the land, as tenant in tail, under a deed from his grand father, Joseph Bentch, to Esther Bouslaugh, his mother, which will be hereafter mentioned; said deed being dated on the ninth day of November, 1793. The question at issue was…
1Opinion of the Court
The opinion of the court was delivered, by
Gibson, C. J.
The rule in Shelly’s case ill deserves the epithets bestowed on it in the argument. Though of feudal origin, it is not a relic of barbarism, or a part of the rubbish of the dark ages. It is part of a system; an artificial one, it is true, but still a system, and a complete one. The use of it, while fiefs were predominant, was to secure the fruits of the tenure, by preventing the ancestor from passing the estate to the heir, as a purchaser, through a chasm in the descent, disencumbered of the burthens incident to it as an heritance; but…
2Cases cited3 opinions
- Paxson v. LeffertsSupreme Court of Pennsylvania · 1831
- Ellmaker v. EllmakerSupreme Court of Pennsylvania · 1835
- Lessee of Baughman v. BaugmanSupreme Court of Pennsylvania · 1798
3Cited by12 opinions
- Thorne's EstateSupreme Court of Pennsylvania · 1942
- Shapley v. DiehlSupreme Court of Pennsylvania · 1902
- Phillips v. SwankSupreme Court of Pennsylvania · 1888
- Doyle v. AndisSupreme Court of Iowa · 1905
- Brolasky's EstateSupreme Court of Pennsylvania · 1930
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