Irvine v. Sibbetts
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was ejectment by William H. Irvine and Elizabeth his wife, in right of said Elizabeth, against Catharine Sibbetts, for an undivided interest in a tract of land in Southampton township, Cumberland county, containing about ninety acres.
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Error to the Common Pleas of Cumberland county. This was ejectment by William H. Irvine and Elizabeth his wife, in right of said Elizabeth, against Catharine Sibbetts, for an undivided interest in a tract of land in Southampton township, Cumberland county, containing about ninety acres. The title to the premises in dispute was vested in Robert Coffey, Sr., who resided in Franklin, and who on the 29th day of March, 1800, made his last will and testament, and died soon afterwards. The will directed as follows:— “ I give unto my beloved wife Nancy, during her lifetime or widowhood, all my…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The plaintiffs claim an undivided fifth part of the land in controversy by inheritance from Robert Coffey, Sr. The defendant claims under a conveyance from his widow and executrix, purporting to have been executed in pursuance of a power in the will. This conveyance was made to David Williamson on the 28th March, 1822, and the jury have found that the possession under it has “ continued for the period of twenty-one years,” and that it has been “ actual, open, notorious, visible, distinct, and hostile or adverse” to the title claimed by the…
2Cases cited3 opinions
- M'Kee's Leffee v. PfoutSupreme Court of the United States · 1798
- Rankin v. TenbrookSupreme Court of Pennsylvania · 1837
- Weddle v. RobertsonSupreme Court of Pennsylvania · 1837