Jacobs v. Haney
Supreme Court of Pennsylvania
Error, to the Common Pleas of Montgomery county. Action by William M. Jacobs v. N. K. Haney. On the 17th of July, 1844, one William K. Haney died in Kent county, Maryland, seised of a grist and saw-mill and 80 acres of land, leaving a widow, a father, and six brothers and sisters, but no children.
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Error, to the Common Pleas of Montgomery county. Action by William M. Jacobs v. N. K. Haney. On the 17th of July, 1844, one William K. Haney died in Kent county, Maryland, seised of a grist and saw-mill and 80 acres of land, leaving a widow, a father, and six brothers and sisters, but no children. The above-named William M. Jacobs administered on his estate, and leased said property to one Erazer, from the 21'st of October, 1844, to the 31st of December, 1845, at $420 for the term, payable in two equal instalments; the first on the 1st day of August, 1845, and the other on the 25th of…
1Opinion of the Court
The opinion of the Court was delivered, by
Coulter, J.
Every element of this case shows that it was unsuitable for the cramped and limited jurisdiction of a justice of the peace, and 'was beyond the pale of his judicial power.
An individual in the state of Maryland died, seised of real estate, leaving a father, a widow, and six brothers and sisters, but no issue. Jacobs, the defendant below, administered on his estate, and leased the realty for $120 rent, from the 21st October, 1844, to the 31st December, 1845. Before the expiration of the lease, the Chancellor of the state decreed a sale of…