Legal Opinion

Yaple v. Titus

Supreme Court of Pennsylvania

Decided January 6, 1862PublishedCited by 18 opinions

Error to tbe Common Pleas of Erie county. This was an ejectment for 100 acres of land in Venango township, Erie county, brought October 4th 1858, by David Yaple and Ruth M. Yaple his wife, who was a daughter and heir of Timothy Fuller, deceased, and the other heirs of said Fuller, against Daniel Titus, Rebecca Allison, and James Allison.

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Error to tbe Common Pleas of Erie county. This was an ejectment for 100 acres of land in Venango township, Erie county, brought October 4th 1858, by David Yaple and Ruth M. Yaple his wife, who was a daughter and heir of Timothy Fuller, deceased, and the other heirs of said Fuller, against Daniel Titus, Rebecca Allison, and James Allison. On the trial, the plaintiff showed title in Timothy Fuller, and the defendant, admitting that the plaintiffs are the heirs of Fuller, and that he died before the commencement of the suit, the plaintiffs gave in evidence the writ and rested. ' The defendants…

1Opinion of the Court

The opinion of the court was delivered,

by Strong, J.

This was an action of ejectment. The plaintiffs claimed as heirs of Timothy Fuller, of whose person and estate a committee was appointed on the 18th day of June 1841, under a commission of lunacy. In his lifetime he had been seised of the property in dispute, and he had died intestate. The defendants claimed under a sale, made by order of the Court of Common Pleas, for the payment of the debts of the lunatic, including also the expenses of his support and maintenance, and that of his family. The petition for the sale was presented by the…

2Cases cited3 opinions

  1. Warder v. TainterSupreme Court of Pennsylvania · 1835
  2. Collins v. MitchellSupreme Court of Florida · 1853
  3. Hazelett v. FordSupreme Court of Pennsylvania · 1840

3Cited by18 opinions

  1. Radnor Building & Loan Ass'n v. ScottSupreme Court of Pennsylvania · 1923
  2. Stevenson v. VirtueSuperior Court of Pennsylvania · 1900
  3. Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
  4. Gensemer's EstateSupreme Court of Pennsylvania · 1895
  5. Commonwealth v. BurnsSuperior Court of Pennsylvania · 1900

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